https://www.taxtmi.com/caselaws?id=111568 A secured creditor may invoke the SARFAESI Act without first withdrawing pending DRT proceedings, because the proviso to section 19(1) of the 1993 Act is directory rather than mandatory. Pendency of BIFR proceedings, a failed settlement, and the absence of notice or hearing under section 14 do not by themselves bar enforcement under the 2002 Act. However, section 13(3A) requires the secured creditor to consider the borrower's representation against the section 13(2) notice and communicate its decision before taking measures under section 13(4). Non-compliance with that mandatory requirement vitiates the enforcement action. en-us Mon, 01 May 2006 00:00:00 +0530 Tue, 24 Apr 2012 11:25:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111568 A secured creditor may invoke the SARFAESI Act without first withdrawing pending DRT proceedings, because the proviso to section 19(1) of the 1993 Act is directory rather than mandatory. Pendency of BIFR proceedings, a failed settlement, and the absence of notice or hearing under section 14 do not by themselves bar enforcement under the 2002 Act. However, section 13(3A) requires the secured creditor to consider the borrower's representation against the section 13(2) notice and communicate its decision before taking measures under section 13(4). Non-compliance with that mandatory requirement vitiates the enforcement action. Case-Laws Companies Law Mon, 01 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111568