BRO's Project Deepak celebrates 66th Raising Day (See 'Corp Brief') IPR - Appellant is a portal that reproduces university rankings & information available in public domain without alteration, editorial bias, or disparaging commentary - no interim injunction: HC (See 'Legal Desk') Capital Market - If allegation of insider trading under SEBI (PIT) Regulations, 2015 failed entirely, there is no contravention of SEBI Act: SAT (See 'Legal Desk') India witnesses Historic Expansion in Social Security: Mandaviya (See 'Corp Brief') Health Ministry releases RBSK 2.0 Guidelines at National Summit on Best Practices (See 'Corp Brief') NHAI successfully launches India's first Multi-Lane Free Flow Tolling System (See 'Corp Brief') IBC - Since MPID Act falls within State legislative field and attachment mechanism under MPID Act, especially where property already stands attached and vested in State, cannot be overridden by invoking Sec 238 or Sec 96 of IBC: HC (See 'Legal Desk') Goyal congratulates IIFT on 63rd Foundation Day (See 'Corp Brief') Outreach workshop on Atmanirbhar Panchayat Programme held at NIRD&PR, Hyderabad (See 'Corp Brief') Hyderabad should emerge as Global Hub for Yoga and Wellness: Reddy (See 'Corp Brief') IBC - If CIRP period expires without approved resolution plan, separate CoC resolution approving liquidation by 66% voting share is not required for Adjudicating Authority to order liquidation u/s 33(1)(a): NCLAT (See 'Legal Desk') Reining in Misuse of IBC for Recovery (See CORP EINSICHT)

SARFAESI Act - No proposal for further amendment: Thakur

Published: Jul 15, 2019

By TIOLCORPLAWS News Service

NEW DELHI, JULY 15, 2019: THE Union MoS for Finance & Corporate Affairs, Mr Anurag Thakur, today in Parliament drew attention to the process of recovering debts under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). He mentioned that the SARFAESI Act does not differentiate between debtors/borrowers on any basis, including the financial status or debt value.

The Central Government administers the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) which allows banks and financial institutions to recover their dues exceeding one lakh rupees by proceeding against secured assets of the borrower/guarantor without the intervention of the court/tribunals. The Government is not involved in commercial decisions or recovery proceedings of banks or financial institutions. As such, to address any concerns about property valuation, there are adequate provisions under Rule 8 (5) of the Security Interest (Enforcement) Rules, 2002 under the SARFAESI Act, that cast a duty on the Authorised Officer of the secured creditor (bank or financial institution) to obtain the valuation of the property from an approved valuer (as defined in the Rules) and, in consultation with the secured creditor, fix the reserve price of the property before putting the property on sale. Any aggrieved debtor/borrower has recourse to filing appeal in the Debts Recovery Tribunal (DRT) against action under the SARFAESI Act and further recourse to appeal against the DRT’s decision is available in the Debts Recovery Appellate Tribunal.

Substantive amendments were made in the SARFAESI Act on August 14, 2016 through the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, in consultation with stakeholders. At present there is no proposal to amend the SARFAESI Act or the Rules framed thereunder.

TIOL CORP SEARCH

TIOL GROUP WEBSITES