Unlocking Potential of Idle Financial Assets in India (See 'Corp Brief') SARFAESI - In absence of any adjudication by the DRT in determining the debt, statutory scheme permits reliance upon claim made by secured creditor for purpose of fixing pre-deposit: HC (See 'Legal Desk') CCI okays acquisition of shares in Nxtra Data by Alpha Wave Ventures (See 'Corp Brief') CCI okays acquisition of 21% voting interest in Astemo Ltd. by Honda Motor (See 'Corp Brief') FEMA - Claims & liabilities pertaining to periods prior to approval of resolution plan, which do not survive under approved plan, are extinguished & cannot be enforced: SAFEMA (See 'Legal Desk') Special Drive launched for expeditious Disposal of Long-Pending Labour Cases (See 'Corp Brief') Amit Shah to launch NAFED's auction portal 'NAFEX.in' (See 'Corp Brief') SEBI - A judicial pronouncement cannot ordinarily be modified or reviewed through post-disposal miscellaneous application; Tribunal becomes functus officio upon disposal of appeal: SAT (See 'Legal Desk') Railways approves Kavach Deployment Worth Rs.270 Crore on East Coast (See 'Corp Brief') DIBD and AISF sign MoU to promote Language Technology and Multilingual Innovation in Assam (See 'Corp Brief') IPR - Injunction allowed as defendant's adoption of marks is not honest or bona fide; marks are deceptively similar to plaintiff's registered trademark, such that an average consumer with imperfect recollection would likely be confused: HC (See 'Legal Desk') NMDC accelerates Digitalisation and Sustainable Mining to support 100 MTPA Vision (See 'Corp Brief') Union Minister sanctions over 42,000 houses in MP; 38,000 families perform grih pravesh (See 'Corp Brief') A&C - Where a Section 34 court has already examined the award, a possible alternative interpretation of the contractual clause is insufficient to justify interference: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (See 'CORP EINSICHT') Union Minister reviews Power Sector and Urban Development Schemes with Jharkhand Govt (See 'Corp Brief') APEDA facilitates First Export of fresh Uttarakhand Litchi to Italy (See 'Corp Brief') Trade Marks - Quasi-judicial authority cannot validly base its decision on grounds that were not specifically disclosed in SCN, thereby depriving noticee of an effective opportunity to respond: HC (See 'Legal Desk') Nadda calls for Push towards a TB-Free India (See 'Corp Brief') India must take control of security-related necessities to remain future-ready: RM (See 'Corp Brief') A&C - Financial hardship cannot justify payment of disputed amount linked to fulfilment of deliverable-based obligations: 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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