India-ROK Framework for Partnership in Shipbuilding, Shipping and Maritime Logistics (See 'Corp Brief') Food Business Startup Enabler Programme 2.0 conducted (See 'Corp Brief') Policy Support, Startups and Industry participation accelerate Circular Economy Transition (See 'Corp Brief' CCI okays restructuring by Vishakha Renewables and merger with Vishakha Glass (See 'Corp Brief') Scindia highlights historic 16% revenue growth of Department of Posts (See 'Corp Brief') IPR - Scope & clarity of invention are to be ascertained not just from independent claim in isolation, but by reading it together with dependent claims and accompanying drawings: HC (See 'Legal Desk') Samriddh Gram Initiative of India Nominated for WSIS Prizes 2026 (See 'Corp Brief') DARPG to observe 18th Civil Services Day on April 21, 2026 (See 'Corp Brief') IPR - Amended claims that significantly alter original claims transitioning from composition to non-native pancreatic ß cell must be duly considered by Controller independently without being influenced from prior conclusions - YES: HC (See 'Legal Desk') States showcase Best Practices in Digital Health at NHA Chintan Shivir (See 'Corp Brief') PMLA - Cricket betting involves cheating, which constitutes predicate offence under Prevention of Money Laundering Act, 2002, when FIR is registered for scheduled offences such as Section 420 IPC: SAFEMA (See 'Legal Desk') Chouhan reviews Kharif preparedness (See 'Corp Brief') CAQM reviews enforcement actions across NCR (See 'Corp Brief') PMLA - If actual tainted property or proceeds of crime are not traceable or available, authorities are empowered to attach alternative attachable property or untainted property of person involved: SAFEMA (See 'Legal Desk') Corporate laws (Amendment) Bill 2026 - Proposals affecting auditors (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