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Punjab National Bank v. Deputy Director Directorate Of Enforcement .
1
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jul 19, 2018
Cited By:0
Coram:1
...by Section 31B of the Amended Act, the Appellant Bank would have superior right of recovery of debt dues and the debt due to the Secured Creditors shall be paid in priority of all other...SARFESI Act by the Legislature whereby Section 26(E) was introduced to the SARFASI Act and Section (31B) Recovery of Debt Due to Banks and Financial.... (ii) Section 31B of the Recovery of Debts and BankruptcyAct, 1993 31B. Priority to secured creditors Notwithstanding anything contained in any other law for the time being in force, the rig...
Goa State Cooperative Bank v. Deputy Director Directorate Of Enforcement
2
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jul 4, 2018
Cited By:0
Coram:1
...borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and BankruptcyAct, 1993 31B...) to the said Act and in Recovery of Debt Due to Banks and FPA-PMLA-2178/AHD/2018 Page 28 of 32 Financial Institutions Act by Section 31B of the Amended Act, the Appellant Bank would have superior right of...introduced to the SARFASI Act and Section (31B) Recovery of Debt Due to Banks and Financial Institutions Act and the said Acts reads as under 26E. Notwithstanding anything...
Axis Bank, Represented By Its Legal Manager - Anoop Jose /claim v. Hilal Ahmed Bhat And Another S/
3
Court:Kerala High Court
Date:Jun 21, 2022
Cited By:0
Coram:2
...of the provisions of Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, the debt due to the secured creditor shall have priority over all other debts...the provision of the Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993, there is no scope for a debate. This Court in Travancore Devaswom Board...rates payable to the Central Government or State Government or Local Authority. Section 31B of the RDB Act takes this one step forward and elevates the right of the secured creditors to realise their...
Punjab National Bank v. Joint Director Directorate Of Enforcement
4
Court:Appellate Tribunal For Foreign Exchange
Date:Oct 22, 2018
Cited By:0
Coram:1
...Section 31B of Recovery of Debt due to Banks & Financial Institution Act, 1993 being non obstinate clause will have an over ridding effect over the PMLA Act, 2002, which states that...Section 31-B of Recovery of Debt Due to Bank and Financial Institution Act, 1993, which has come into force w.e.f. 1.09.2016, notwithstanding contained in any other law for...Adjudicating Authority has not applied his mind and did not appreciate that by virtue of Section 4A Recovery of Debts due to Banks & Financial Institution Act, 1993 as amended by...
Axis Bank v. Deputy Director Directorate Of Enforcement
5
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Oct 25, 2017
Cited By:0
Coram:2
...provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 : 31B. Priority to secured creditors Notwithstanding anything contained in any other law for.... 34. In Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 after the words the date of the application, and includes any liability towards debt securities which...Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case The Assistant Commissioner (...
Punjab National Bank v. Joint Director Directorate Of Enforcement .
6
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jan 25, 2018
Cited By:1
Coram:2
...subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 : 31B. Priority to secured creditors Notwithstanding anything contained in any...Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case The Assistant Commissioner (...sub-Section 4A of Section 19 of the Act, which now bears the nomenclature- The Recovery of Debts & Bankruptcy Act, 1993, the borrowers/guarantors/mortgagors are, by operation of law subjected to...
7
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Dec 12, 2018
Cited By:0
...introduction of section 26(e) of the SARFAESI Act 2002 and section 31(b) Recovery of Debt and Bankruptcy Act 1993 does not come into play with regard to the liability of...provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993: 31B. Priority to Secured Creditors- Notwithstanding anything contained in any other law for...Section 2 of the Recovery of Debts and Bankruptcy Act, 1993 after the words date of the applications and includes any liability towards debt securities which remain unpaid in...
8
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Dec 12, 2018
Cited By:0
...introduction of section 26(e) of the SARFAESI Act 2002 and section 31(b) Recovery of Debt and Bankruptcy Act 1993 does not come into play with regard to the liability of...provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993: 31B. Priority to Secured Creditors- Notwithstanding anything contained in any other law for...Section 2 of the Recovery of Debts and Bankruptcy Act, 1993 after the words date of the applications and includes any liability towards debt securities which remain unpaid in...
9
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Dec 12, 2018
Cited By:0
...introduction of section 26(e) of the SARFAESI Act 2002 and section 31(b) Recovery of Debt and Bankruptcy Act 1993 does not come into play with regard to the liability of...provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993: 31B. Priority to Secured Creditors- Notwithstanding anything contained in any other law for...Section 2 of the Recovery of Debts and Bankruptcy Act, 1993 after the words date of the applications and includes any liability towards debt securities which remain unpaid in...
Pridhvi Asset Reconstruction And Securitisation Company Limited v. State Of A.P.
10
Court:Andhra Pradesh High Court
Date:Dec 8, 2020
Cited By:0
Coram:2
...Section 26-E of the Act or Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (for short “Bankruptcy Act”).6. In the above backdrop, now the points that emerge for...creditors in payment of debt shall be subject to the provisions of the Code.”11. Section 31B of the Bankruptcy Act reads as under:—31 B...Reconstruction and Securitization Company. The 2 respondent herein issued a notice of attachment of the subject land on 17-02-2020 under Section.27 of the A.P. Revenue Recovery Act, 1864. Thereafter...
Punjab National Bank &Ors. v. The Deputy Director Directorate of Enforcement, Delhi &Ors.
11
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jun 28, 2018
Cited By:0
...secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and...of debt shall be subject to the provisions of that Code. 34. In Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993after the words "the date of...losses suffered by the Banks and while approving the latest amended Section 31B of the Recovery of Debts Due to Banks...
Bajaj Finance Ltd. v. Joint Director Directorate Of Enforcement .
12
Court:Appellate Tribunal For Foreign Exchange
Date:Jun 28, 2018
Cited By:0
Coram:1
...to the provisions of that Code.”(ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 :“31B. Priority to secured creditors - Notwithstanding anything...Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case “The...Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, Section 41 of the same seeking to introduce Section 31B in the Principle...
Bajaj Finance Ltd. v. The Joint Director Directorate of Enforcement, Lucknow
13
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jun 28, 2018
Cited By:0
...secured creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 : 31B. Priority to...in payment of debt shall be subject to the provisions of that Code. 34. In Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993after the words "the...the latest amended Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in...
DBS Bank Ltd. v. The Deputy Director Directorate of Enforcement, Delhi
14
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jun 28, 2018
Cited By:0
...secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and...of debt shall be subject to the provisions of that Code. 34. In Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993after the words "the date of...losses suffered by the Banks and while approving the latest amended Section 31B of the Recovery of Debts Due to Banks...
Punjab National Bank v. Deputy Director Directorate Of Enforcement
15
Court:Appellate Tribunal For Foreign Exchange
Date:Jun 28, 2018
Cited By:0
Coram:1
...the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code.”(ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993...payment of debt shall be subject to the provisions of that Code.”34. In Section 2 of the Recovery of Debts...amount of losses suffered by the Banks and while approving the latest amended Section 31B of the Recovery of Debts Due to...
Joint Director Directorate Of Enforcement v. Nandipi Shrihari
16
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jun 28, 2018
Cited By:0
Coram:1
...pending in respect of secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code.”(ii) Section 31B of the Recovery of...Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993after the words “the date of the application”,”and includes any l...distribution is to be decided by the Special Court only. Under Section 22 of the 1985 Act, recovery proceedings can only be with the consent of the Board for Industrial and...
Hdfc v. Joint Director Directorate Of Enforcement
17
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Aug 28, 2017
Cited By:0
Coram:3
...creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 : 31B. Priority to secured creditors.... 34. In Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 after the words "the date of the application", "and includes any liability towards debt...Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case The Assistant Commissioner...
United Bank Of India v. Joint Director, Directorate Of Enforcement .
18
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Aug 17, 2018
Cited By:0
Coram:1
..., priority to secured creditors in payment of debt shall be subject to the provisions of that Code. (ii) Section 31B of the Recovery of Debts and BankruptcyAct, 1993 31B. Priority...latest amended Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case...Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, Section 41 of the same seeking to introduce Section 31B in the Principle Act...
Joint Director Directorate Of Enforcement v. Nandipi Shrihari
19
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jun 28, 2018
Cited By:0
Coram:1
...pending in respect of secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code.”(ii) Section 31B of the Recovery of...Section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993after the words “the date of the application”,”and includes any l...distribution is to be decided by the Special Court only. Under Section 22 of the 1985 Act, recovery proceedings can only be with the consent of the Board for Industrial and...
Pawan Kumar Jain v. The Joint Director Directorate of Enforcement, Kolkata
20
Court:Appellate Tribunal- Prevention Of Money Laundering Act
Date:Jul 14, 2017
Cited By:0
.... (ii) Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 : 31B. Priority to secured creditors Notwithstanding anything contained in any other law for the time being in force...Section 31B of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 held in the case The Assistant FPA-PM...for recovery and has also had taken the action under SARFAESI Act. Notice under Section 13(2) was served on 17.12.2008 and possession was taken on 11.2.2010 and 26.11.2010...
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