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Dr. Rajkumar Hari Pol (Profession)     09 July 2011

About guidance

Respected Sir,
 
I am Dr. Rajkumar Hari Pol, from Karad (Dist-Satara, Maharashatra), I humbly request you to send me the citations of Hon'ble Supreme Court reguarding that 'The Securitisation Act, 2002' is not applicable to co operative banks for recovery and also about the stay orders passed in pending cases in such issue.
 
  Thank you.
 
My email address :
 
Cell : 9850755276


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 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 July 2011

you have wrong information , this act is applicable to all banks.

Dr. Rajkumar Hari Pol (Profession)     09 July 2011

 

Respected Sir,

In the case V. Krishnaswamy And Anr. vs The Karnataka Rajya Kaigarika Sahakara Bank Niyamith (AIR 2008 Kant 20) Hon'ble Karnataka High Court clearly stated that co operative banks not come in the purview of securitization act.

Notification of the Central Government dated 28.01.2003 so far as it is applicable to the co-operative banks is challenged in a writ petition before the Hon'ble High court of Karnataka. Consequently, proceedings initiated by the Malleswaram Co-operative Bank Ltd., against a borrower under Securitisation Act has been stayed. (Please send me copy of this stay order)

 

 

 

    

Dr. Rajkumar Hari Pol (Profession)     10 July 2011

Respected Sir,

Citation 'V. Krishnaswamy And Anr. vs The Karnataka Rajya Kaigarika Sahakara Bank Niyamith (AIR 2008 Kant 20)' by Hon'ble Karnataka High Court. File attached here.


Attached File : 118411 193193 39 v krishnaswamy and anr vs the karnataka rajya kaigarika on 12 july 2007.pdf downloaded: 121 times

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 July 2011

you have done real hard work and it seems co op banks are excluded.

We await further inputs in the matter.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 July 2011

Yes the act is not applicable for co op banks, resist action and file WP in high court.


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