India, Israel ink MoU for co-development & co-production of advanced defence tech (See 'Corp Brief') SARFAESI - CJM's role under Section 14 of the SARFAESI Act is limited to ministerial functions and does not involve adjudication: HC (See 'Legal Desk') EPFO, NITI Aayog organize Seminar on Social Security in Electronic Industry (See 'Corp Brief') MeitY generates Rs 41 lakh Scrap Revenue (See 'Corp Brief') IPR - Use of essential element in competing marks creates a likelihood of confusion, and continued registration of impugned mark is not permitted: HC (See 'Legal Desk') India strengthens global partnerships with Mauritius and UNESCAP in Doha (See 'Corp Brief') DRDO leads thematic session on 'Electronics & Semiconductor Manufacturing' (See 'Corp Brief') PMLA - As per settled precedent, property of equivalent value to proceeds of crime can be attached, even if Appellant is not accused in scheduled offence: SAFEMA Appellate Tribunal (See 'Legal Desk') Scindia hails growth of Indo-French ties at Indo-French North-East Investment Forum (See 'Corp Brief') Misc - Court under Order IX Rule 26 has power to appoint Local Commissioner to ascertain market value of any property, or amount of mesne profits or damages: HC (See 'Legal Desk') Scindia confers Bharat Ratna Hazarika National Awards (See 'Corp Brief') Controller General of Accounts inaugurates Delhi circle Pension Campaign (See 'Corp Brief') Competition Law - Mere dissatisfaction with tender terms or with rejection of bid cannot lead to presumption of imposition of unfair or discriminatory conditions and abuse of dominance: CCI (See 'Legal Desk') Coal India Celebrates 50 Glorious Years of Nation Building (See 'Corp Brief') Scindia lays bricks for Integrated Sohra Tourism Circuit (See 'Corp Brief') Naidu inaugurates creche facility at Udaan Bhawan (See 'Corp Brief') IPR - Mere expiry of trademark registration does not, by itself, justify removal from Register, and such removal must be preceded by strict compliance with mandatory requirement of issuing a Form O-3 notice: HC (See 'Legal Desk') GeM organises Session on 'Compliance with Law in Public Procurement' (See 'Corp Brief') MoSPI signs MoU with IICA to develop SDG Alignment Framework (See 'Corp Brief') India's emphasis on overflight in Indo-Pacific is not against any country: RM (See 'Corp Brief') FEMA - Inward remittances labelled 'grants' may be treated as capital account transactions if there are contingent liabilities or obligations that convert them into capital in substance: SAFEMA (See 'Legal Desk') Marine Fisheries Census 2025 goes fully Digital (See 'Corp Brief') IBC - CRPS holders even at stage when redemption period has expired, remain shareholders and do not become creditors and do not fulfil definition of financial creditor u/s 5(7): SC (See 'Legal Desk') India, Netherlands hold 8th Joint Working Group Meeting on Agriculture (See 'Corp Brief') IBC - Moon-shine defense taken to thwart recovery proceedings initiated by Financial Creditor under SARFAESI, can defeat recovery process initiated by Financial Creditor: NCLT (See 'Legal Desk') EPFO hosts Gurcharan Das in 22nd Edition of 'Reimagining Governance' (See 'Corp Brief') NI Act - Statutory demand under Proviso (b) to Sec 138 does not survive if figure claimed is numerically different from dishonoured cheque, even if discrepancy is pleaded to be inadvertent: SC (See 'Legal Desk') BSNL Achieves 93% Revenue Run Rate in Q2 (See 'Corp Brief') A&C - If notice of arbitration was delayed and barred by limitation and arbitration request itself was made two years after initial notice, appointment of arbitrator in partnership dispute can't be done: SC (See 'Legal Desk') Chouhan inaugurates National FPO Conclave 2025 in Delhi (See 'Corp Brief') Competition Law - Google abused its dominant position in Online Search Advertising services market in India by imposing unfair and discriminatory terms through its Google Ads Policies in violation of Sec 4 of Competition Act: CCI (See 'Legal Desk') Government intervention and Corporate governance (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