NHAI to share Data with Govt Research Institutions (See 'Corp Brief') 42.7 LMT of urea secured through Global Tenders to Strengthen Supply Chain (See 'Corp Brief') SARFAESI - State cannot 'chase' asset once it has been legally sold to third-party auction purchaser by secured creditor enforcing its priority rights: HC (See 'Legal Desk') PMJDY records 58.63 Cr Accounts with Deposits Exceeding Rs.3 Lakh Crore (See 'Corp Brief') Misc - Definition of 'public authority' under RTI Act includes any non-governmental body that is 'substantially financed' by government: HC (See 'Legal Desk') IICA inaugurates 8th Batch of its Flagship Post Graduate Insolvency Programme (See 'Corp Brief') IBC - Creditor cannot obstruct going-concern liquidation sale if they fail to comply with mandatory procedural requirements of insolvency: NCLAT (See 'Legal Desk') NHAI enhances Digital Services on RajmargYatra Mobile App (See 'Corp Brief') A&C - If guarantees were contractually agreed substitute for cash deductions, it should ideally remain in place to secure interests until final resolution: HC (See 'Legal Desk') Govt, RBI strengthen Fintech Ecosystem with Enhanced Regulatory Frameworks (See 'Corp Brief') Govt modernising official statistical system through greater use of digital technologies (See 'Corp Brief') NI Act - In complaint u/s 138 filed by company, substitution of company's AR is legally permissible, and non-examination of first AR cannot, by itself, be treated as fatal defect leading to acquittal: HC (See 'Legal Desk') 58 Leaders from 40 Political Parties attended Meeting (See 'Corp Brief') Odisha's New Coastal Highway: A Gateway to Spiritual Journeys (See 'Corp Brief') IBC - Foreign subsidiary assets must remain separate from parent company's insolvency proceedings: NCLAT (See 'Legal Desk') Vaishnaw flags Off Ramnagar-Dehradun Express (See 'Corp Brief') Centre provides extended Relief Window for Select Solar Projects up to December (See 'Corp Brief') Arbitration and Conciliation - A supervisory court lacks power to modify an award or grant fresh substantive reliefs, rendering petitioner's prayer for active domain transfer legally unmaintainable: HC (See 'Legal Desk') Vivek Nishant Nath takes charge as Director (Commercial), NMDC (See 'Corp Brief') Aadhaar App crosses 40 Million Downloads, Driving Convenient Digital Identity Services (See 'Corp Brief') Arbitration - Scope of interference under Section 37 of the Act is highly circumscribed & does not permit re-appreciation of evidence or fresh factual determination on matters of accounting: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (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.

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