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Indian Laws - Highlights / Catch Notes

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Territorial jurisdiction of CMM assessed. DRT has jurisdiction ...


CMM can take secured asset possession within jurisdiction. Impugned order outside limits void. Approach DRT u/s 17 for creditor enforcement.

July 25, 2024

Case Laws     Indian Laws     HC

Territorial jurisdiction of CMM assessed. DRT has jurisdiction to determine if secured creditor's enforcement of security is as per Act. CMM has authority to take possession of secured asset within jurisdiction, but impugned order without jurisdiction as property situated outside CMM's territorial limits. Petitioner ought to approach DRT u/s 17 of SARFAESI Act. Impugned order suspended for one week to approach DRT. Petition disposed of.

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