DFS reviews Performance of North-East RRBs (See 'Corp Brief') IISc-led Semiconductor Training Initiative records Massive Growth in Tribal Youth Participation (See 'Corp Brief') CCI approves JV between Mercuria Energy & Tata International (See 'Corp Brief') CCI approves merger of Indovida India with and into EPL Limited (See 'Corp Brief') Union Minister launches PM-AJAY Portal & AJAY Mobile App to digitize SC welfare schemes (See 'Corp Brief') A&C - SpiceJet is directed to deposit outstanding amount immediately while also applying costs: HC (See 'Legal Desk') Gadkari reviews Monsoon Preparedness for Safer Highways (See 'Corp Brief') Skymap Pharmaceuticals approved as Strategic Buyer for disinvestment of IMPCL (See 'Corp Brief') PM-WANI Ecosystem undergoes Comprehensive Transformation to enable Inclusive Digital Connectivity (See 'Corp Brief') Sales of Khadi and Village Industry Products surpasses Rs 1.87 Lakh Crore-mark (See 'Corp Brief') SARFAESI - Suit's substantive reliefs concern specific performance and enforcement of agreements, plaint cannot be rejected at threshold under Order VII Rule 11 CPC merely because SARFAESI measures are also in background: HC (See 'Legal Desk') Reddy directs Agencies to Fast-Track Pending Mining & Exploration Projects (See 'Corp Brief') Meghalaya Minister discusses STI Hubs for Tribal Communities in Northeast with MoS (See 'Corp Brief') Govt strengthening Preventive Healthcare through Yoga and Naturopathy: Jadhav (See 'Corp Brief') Gadkari reviews NH Projects in Rajasthan and HP (See 'Corp Brief') Secretary reviews Progress of Mineral Block Auctions and Operationalisation (See 'Corp Brief') FERA - Receipt by person in India of Indian currency through cheque drawn on NRE account, even if that account had been funded by foreign currency deposits, does not by itself constitute contravention of Sec 8(1): HC (See 'Legal Desk') Parcel and Logistics Services register 70% growth; Revenue Potential pegged at Rs.10,000 Crore (See 'Corp Brief') Department of Consumer Affairs holds stakeholder meeting on Different Pack Sizes for Edible Oils (See 'Corp Brief') 'Spice and Heal' Initiative can Position India as Global Wellness Leader: Jadhav (See 'Corp Brief') Competition Act - Allegations relating to use of unlicensed/private vehicles & regulatory violations is not competition law issue u/s 3 and 4 of Competition Act: CCI (See 'Legal Desk') Moratorium under the IBC (See CORP EINSICHT) NMDC launches Summer Camp for 1700 Children in Dakshin Bastar (See 'Corp Brief') Benami Act - Confiscation under Benami Act is civil consequence and distinct from prosecution: SC (See 'Legal Desk') 'Janjati Samagam' will, in coming years, gain global recognition as Kumbh of tribal communities (See 'Corp Brief') At Siliguri's 19th employment fair, 82 young people receive appointment letters (See 'Corp Brief') IBC - During subsistence of moratorium u/s 14 IBC, lessor cannot terminate subsisting lease and recover possession of leased property occupied by corporate debtor by invoking contractual breach clauses: 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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