Balkrishna Rama Tarale Lrs & Ors. v. Phoenix ARC Pvt. Ltd. & Ors

…Appellant

…Respondent

Case No: Appeal on Diary No. 347/2023

Date of Judgement: 27/04/2023

Judges:

Mr Justice Ashok Menon, Chairperson

For Appellant: Mr Gaurang Kinkhabwala i/b Mr Durgesh D. Rege, Advocate.

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Facts:

Arguments by the Parties:

Cases Cited:

No specific cases were cited in this order.

Sections and Laws Referred:

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act):

Section 13(2) (Demand notice by the secured creditor)

Section 14 (Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking over possession)

Section 17 (Right to appeal)

Section 18 (Deposit of amount of debt due for filing appeal)