Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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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.
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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