2006 (11) TMI 349 - SC - Companies Law

Whether the banks or financial institutions having elected to seek their remedy in terms of DRT Act, 1993 can still invoke the NPA Act, 2002 for realizing the secured assets without withdrawing or abandoning the O.A. filed before the DRT under the DRT Act?

Whether recourse to take possession of the secured assets of the borrower in terms of section 13(4) of the NPA Act comprehends the power to take actual possession of the immovable property?

Whether ad valorem court fee prescribed under Rule 7 of the DRT (Procedure) Rules, 1993 is payable on an application under section 17(1) of the NPA Act in the absence of any rule framed under the said Act?

Held that:- Answer the above three questions in the affirmative that is in favour of the banks/FIs (secured creditors) and, accordingly, the borrower’s appeal/I.A. in this Court stands dismissed whereas the appeal/I.A. filed by the banks/FIs stands allowed with no order as to costs.