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AN APPLICATION TO CHIEF METROPOLITAN MAGISTRATE OR DISTRICT MAGISTRATE BY BANKS/FINANCIAL INSTITUTIONS/ SECURED CREDITOR U/S. 14 OF SARFAESI ACT, 2002 FOR THE PURPOSE OF TAKING POSSESSION/FORCIBLE POSSESSION OR CONTROL OF THE SECURED ASSET
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This is a precedent of an Application to Chief Metropolitan Magistrate or District Magistrate by Banks/Financial Institutions/Secured Creditor u/s. 14 of SARFAESI Act, 2002 for the purpose of taking possession/forcible possession or control of the Secured Asset. The Bank/Financial Institution/ Secured Creditor has become entitled to the possession of the Secured Asset under the provisions of SARFAESI Act, however, the Borrower is not co-operating.
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AN APPLICATION UNDER SECTION 17 OF THE SECUTARISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY A THIRD PARTY WHO IS NEITHER BORROWER NOR GUARANTOR
The Bank/Financial Institution has issued a Notice u/s. 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same against the property of a third party who is neither a borrower nor a guarantor nor in any manner responsible to Bank/ Financial Institution. This is a precedent of an application under Section 17 of the Secutarisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by a third party to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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BAIL APPLICATION BEFORE THE SESSIONS COURT UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 IN THE CASE WHERE BAIL APPLICATION IS REJECTED BY THE MAGISTRATE’S COURT
This is the precedent of Bail Application before the Session's court U/s. 439 of the Code of Criminal Procedure, 1973 wherein Bail Application is rejected by the Magistrate's court.
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APPLICATION FOR RENEWAL OF PASSPORT
The passport of the Accused in criminal case has expired. He needs to renew the same. This is an application to the court where criminal case is pending seeking leave of the court to renew the passport.
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WRIT PETITION (CRIMINAL) BEFORE HIGH COURT AGAINST SESSION’S COURT ORDER REFUSING TO DE-FREEZE/UNFREEZE BANK ACCOUNT
The Magistrate's court and also Session's court has refused to de-freeze the Bank Account of the Accused. The remedy is to approach the Hon'ble High Court. This is the precedent of Writ Petition (Criminal) before the High Court against Session's court order refusing to de-freeze/unfreeze bank account.
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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON ANTICIPATORY BAIL APPLICATION
This is the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's order on anticipatory bail application. ABA is rejected by the Sessions court and High Court. The Supreme Court is the highest court to challenge the High Court's refusal and seek Anticipatory Bail.
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WRIT PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE FOR QUASHING OF FIRST INFORMATION REPORT (BY CONSENT OF THE PARTIES)
This is the precedent of Writ petition for quashing of First Information Report (FIR) to the High Court by consent of the parties.
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AN APPEAL BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL CHALLENGING THE ORDER OF THE DEBT RECOVERY TRIBUNAL UNDER SECTION 20 OF THE RECOVERY OF DEBT DUE TO BANK AND FINANCIAL INSTITUTIONS ACT, 1993
This is a precedent of an appeal before the Debt Recovery Appellate F153Tribunal challenging the Order of the Debt Recovery Tribunal under Section 20 of the recovery of Debt due to Bank and Financial Institutions Act, 1993.
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AN APPLICATION BY A THIRD PARTY TO DEBT RECOVERY TRIBUNAL FOR VACATING AN INJUNCTION ORDER PASSED AGAINST HIS PROPERTY FOR THE DEBT OF THE BORROWER
This is a precedent of an Application by a third party to Debt Recovery Tribunal for vacating an injunction order passed against his property for recovery of Debt of Borrowers/Guarantors.
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APPLICATION FOR RETURN OF PROPERTIES OF THE APPLICANT/ACCUSED SEIZED BY THE POLICE/INVESTIGATING AGENCY
The properties of the accused are seized by the investigating agency. This is the precedent of an application to magistrate’s court for return of seized properties.
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A SECURITISATION APPEAL TO DEBT RECOVERY APPELLATE TRIBUNAL CHALLENGING THE ORDER OF DEBT RECOVERY TRIBUNAL UNDER SECTION 18 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002.
The Bank/Financial Institution has issued a notice u/s 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. A Securitisation Application u/s. 17 of the said Act was filed by the Borrower before Debt Recovery Tribunal which is rejected. This is a precedent of an appeal u/s 18 of the said Act to Debt Recovery Appellate Tribunal challenging the said Order of Debt Recovery Tribunal.
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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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