The legal landscape surrounding appeals under the Sarfaesi Act, 2002 witnessed a significant transformation in 2020 with the omission of Section 18B. Originally permitting appeals to the High Court in specific cases, this provision underwent a substantial change through the Jammu and Kashmir Reorganization (Modification of Central Laws) Order, 2020, and The Union Territory of Ladakh Reorganization (Adoption of Central Laws) Order, 2020. This article explores the details of this amendment, emphasizing the post-2020 scenario where the option for High Court appeals under Section 18B no longer holds legal weight, exemplifying the dynamic nature of legal frameworks.
Changes in Applicability
Section 18B, which originally allowed for appeals to the high courtroom in precise instances below the Sarfaesi Act, has passed through a good-sized change. this variation befell through the Jammu and Kashmir Reorganization (version of critical laws) Order, 2020, and the Union Territory of Ladakh Reorganisation (adaptation of relevant laws) Order, 2020.
Omission Details
The amendment, specified in the notification No. S.O. 1123(E) dated 18-3-2020, and No. S.O. 3774(E) dated 23-10-2020, has led to the complete omission of Section 18B from the Sarfaesi Act. As a result, the provision regarding appeals to the High Court in certain cases no longer holds legal weight.
Post-2020 Scenario
In essence, since the mentioned adaptations in 2020, the option for appeals to the High Court under Section 18B is no longer applicable. This update underscores the dynamic nature of legal frameworks, subject to reorganization and adaptation based on evolving circumstances
