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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 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 UNDER SECTION 17 OF THE SECUTARISATION 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. 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 to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON CRIMINAL (BAIL) APPLICATION
The High Court has rejected the Bail Application of the Accused. The remedy is to approach the Hon'ble Supreme Court of India. This the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's Order on Criminal (Bail) Application.
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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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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 APPLICATION FOR CANCELLATION OF ANTICIPATORY BAIL GRANTED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973
An order for ABA is already granted, however, the Accused/Applicant has breached the conditions imposed by the court. This is the precedent of an Application for cancellation of ABA.
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CERTIFICATE OF SALE OF IMMOVABLE PROPERTY BY BANKS UNDER SARFAESI ACT, 2002
This is a precedent of Sale of immovable property by Banks under SARFAESI Act 2002
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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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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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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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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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REPLY UNDER SECTION 13 (3A) OF SARFAESI, 2002 OF THE BORROWER/GUARANTORS TO STATUTORY NOTICE OF BANK/FINANCIAL INSTITUTION UNDER SECTION 13 (2) OF SARFAESIA, 2002
This is a precedent of reply under Section 13 (3A) of Sarfaesi, 2002 of the Borrower/Guarantors to statutory notice of Bank/Financial Institution under Section 13 (2) of Sarfaesi, 2002
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