CCI okays acquisition of up to 100% equity of Apollo Fertility & Apollo Specialty by Kids Clinic India (See 'Corp Brief') CCI approves acquisition of Aseem Infra Finance by TPG Nicobar SG (See 'Corp Brief') IPR - For deciding territorial jurisdiction at inception of suit, if plaintiff's pleadings sufficiently allege that defendant has digital presence accessible, suit cannot be summarily thrown out for lack of jurisdiction: HC (See 'Legal Desk') Ministry of Civil Aviation launches Hub & Spoke International Flight Operations (See 'Corp Brief') CAQM reviews Enforcement Actions (See 'Corp Brief') IBC - Definition of 'associate' u/s 79(2)(g) cannot be expanded beyond its statutory text, and procedural irregularities such as absence of forensic audit do not warrant rejection if no actual prejudice is demonstrated: NCLT (See 'Legal Desk') Wow! 7.8% growth but it also does not reveal many things! (See CORP EINSICHT) India, Germany sign Joint Declaration of Intent on environment conservation (See 'Corp Brief') IBC - If foreign decree from reciprocating territory remains substantially unsatisfied, and judgment debtor and his family exercise pervasive control over multiple business entities, decree holder is entitled to protection of its interest through appropriate security: SC LB (See 'Legal Desk') Advisor to PM reviews Development Initiatives at Belgaria and Karmatand Townships (See 'Corp Brief') Invest in R&D while fostering partnerships to become global enterprises: RM (See 'Corp Brief') SARFAESI - Attachment of entire subject property cannot be sustained in absence of material showing direct nexus between property & investors' funds involved in criminal proceedings: HC (See 'Legal Desk') Ministry of Coal Holds Preparatory Meeting for Special Campaign 6.0, Reaffirms Commitment to Cleanliness and Efficiency (See 'Corp Brief') PBPT - Per Section 2(26), initiating officer must establish that benami amount was either converted into another form or integrated into general business assets of beneficial owner beyond demarcation before attaching substitute properties: Tribunal (See 'Legal Desk') India must build Future-Ready Workforce for a Global Automotive Industry: Kumaraswamy (See 'Corp Brief') Union Minister to launch fisheries Infrastructure projects worth Rs 36.49 Crore (See 'Corp Brief') Nadda reviews Progress of Rural Health Training Centre, Najafgarh (See 'Corp Brief') IPR - If plaintiff holds registered trademark rights and shows prima facie prior adoption and use, defendant's use of identical mark for identical hospitality & restaurant services is sufficient to justify interim injunctive relief: HC (See 'Legal Desk') 4th Indo-German Environment Forum to be held in New Delhi (See 'Corp Brief') ICAR-IIOR to host Industry Interface to Accelerate Commercialization of Oilseed Technologies (See 'Corp Brief') A&C - Arbitral award immune to interference merely because alternative interpretation of facts or contractual terms exists; cannot be quashed where award is plausible, logical & free from patent illegality, perversity, or conflict with public policy: HC (See 'Legal Desk') Manohar Lal directs Fast-track Project Implementation & Strengthening of Swachhata (See 'Corp Brief') MSDE in collaboration with UP Govt organises PM-SETU Industry Conclave in Lucknow (See 'Corp Brief') MoS holds interaction with delegation of Armed Forces HQ Association (See 'Corp Brief') NBA disburses Rs 5.68 Crore in Benefit-Sharing Funds for Biodiversity Conservation (See 'Corp Brief') Commerce Secretary Rajesh Agrawal Leads 4th India-Argentina JTC Meeting (See 'Corp Brief') IBC - Sale certificate issued by liquidator under insolvency proceedings in respect of property sold by public auction is not compulsorily registrable: HC (See 'Legal Desk') CBN seizes 66.80 lakh psychotropic tablets in major inter-state pharmaceutical diversion case (See 'Corp Brief') Acquire knowledge, question injustice through constitutional means: RM tells youth (See 'Corp Brief') Empowering mother can enable early identification of disability in child: MoS (See 'Corp Brief') MoS lays Foundation Stone of PMGSY Roads Worth Rs 1,503 Crore in Jammu (See 'Corp Brief') Companies Act - Corporate name change is merely alteration of MoA that preserves company's continuous legal identity, rights, liabilities & obligations without creating a new entity or dissolving the old one: HC (See 'Legal Desk')

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.

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