Ministry of Steel holds Interactive Session with Global Diplomats Ahead of 'Bharat Steel 2026' (See 'Corp Brief') Khadse announces unique nationwide ASMITA League to mark International Women's Day (See 'Corp Brief') IPR – Anti-dissection rule, which requires trademarks to be compared as whole, does not apply where part of mark is proven to be dominant feature: HC (See 'Legal Desk') India Summit 2026: Major AI Investment Commitments made (See 'Corp Brief') Joshi commends CWC's Contribution to India's Food Security (See 'Corp Brief') SEBI - Termination of a major acquisition agreement constituted a material event requiring clear & conspicuous disclosure under Regulation 30 of the LODR Regulations: SAT (See 'Legal Desk') India invites the world to study, innovate and grow together (See 'Corp Brief') SEBI - Investor decisions & share prices are significantly influenced by disclosures relating to acquisitions & corporate developments, ergo, failure to transparently disclose termination undermines market integrity: SAT (See 'Legal Desk') Controller General of Communication Accounts inaugurates North Zone Review Meeting (See 'Corp Brief') National Arogya Fair 2026 concludes in Shegaon (See 'Corp Brief') IPR - For purpose of passing-off claim, prior use of composite trademark is sufficient to establish prior use of its essential and source-identifying component: HC (See 'Legal Desk') APEDA organises Sikkim Organic Conclave-cum-International Buyer Seller Meet in Gangtok (See 'Corp Brief') 'Double Engine' Momentum Can Fast-Track Kerala's Progress: MoS (See 'Corp Brief') IBC - Waiver of rights under contract such as debenture trust deed cannot be implied if agreement explicitly requires such waiver to be in writing: SC (See 'Legal Desk') IBC - Manner in which bank classifies loan as non-performing asset for accounting or provisioning purposes does not determine IBC, if debt was restructured and acknowledged in fresh agreements: SC (See 'Legal Desk') IBC - corporate restructuring under IBC must be prioritized over stalled and ineffective proceedings under Companies Act to protect public funds and larger economic interest: SC (See 'Legal Desk') IBC - NCLT can't Reject Sec 7 application citing corporate debtor's financial health, once twin requirements of debt & default are established: SC LB (See 'Legal Desk') IBC - Moratorium u/s 14 of IBC is intended to preserve debtor's estate from creditor actions aimed at debt recovery, but does not interdict sovereign proceedings in rem for attachment or confiscation under Benami Act: SC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (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