SRFAESI Act 18CChapter III · Enforcement of Security Interest
Section 18C · Right to lodge a caveat
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1[18C. Right to lodge a caveat.--(1) Where an application or an appeal is expected to be made or
has been made under sub-section (1) of section 17 or section 17A or sub-section (1) of section 18 or
section 18B, the secured creditor or any person claiming a right to appear before the Tribunal or the Court
of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hearing of such
application or appeal, may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1),--
(a) the secured creditor by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1);
(b) any person by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1).
(3) Where after a caveat has been lodged under sub-section (1), any application or appeal is filed before the Tribunal or the court of District Judge or the Appellate Tribunal or the High Court, as the case may be, the Tribunal or the District Judge or the Appellate Tribunal or the High Court, as the case may be, shall serve a notice of application or appeal filed by the applicant or the appellant on the caveator.
(4) Where a notice of any caveat has been served on the applicant or the Appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the application or the appeal.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of the period of ninety days from the date on which it was lodged unless the application or appeal referred to in sub-section (1) has been made before the expiry of the said period.]
STATE AMENDMENTS
Jammu and Kashmir (UT).--
Amendment of section 18(C)--(i) in sub-section (1), omit "or section 17A", "or section 18B", "or the court of District Judge" and "or the High Court"; and
(ii) in sub-section (3), omit "or the court of District Judge" and "or the High Court".
[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).
Ladakh (UT).--
Amendment of section 18(C)--
(a) In sub-section (1), omit,--
(i) "or section 17A" and "or section 18B"; and
(ii) "or the court of District Judge" and "or the High Court" whenever they occur;
(b) in sub-section (3) omit "or the court of District Judge" and "or the High Court".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
(2) Where a caveat has been lodged under sub-section (1),--
(a) the secured creditor by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1);
(b) any person by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1).
(3) Where after a caveat has been lodged under sub-section (1), any application or appeal is filed before the Tribunal or the court of District Judge or the Appellate Tribunal or the High Court, as the case may be, the Tribunal or the District Judge or the Appellate Tribunal or the High Court, as the case may be, shall serve a notice of application or appeal filed by the applicant or the appellant on the caveator.
(4) Where a notice of any caveat has been served on the applicant or the Appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the application or the appeal.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of the period of ninety days from the date on which it was lodged unless the application or appeal referred to in sub-section (1) has been made before the expiry of the said period.]
STATE AMENDMENTS
Jammu and Kashmir (UT).--
Amendment of section 18(C)--(i) in sub-section (1), omit "or section 17A", "or section 18B", "or the court of District Judge" and "or the High Court"; and
(ii) in sub-section (3), omit "or the court of District Judge" and "or the High Court".
[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).
Ladakh (UT).--
Amendment of section 18(C)--
(a) In sub-section (1), omit,--
(i) "or section 17A" and "or section 18B"; and
(ii) "or the court of District Judge" and "or the High Court" whenever they occur;
(b) in sub-section (3) omit "or the court of District Judge" and "or the High Court".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
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