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SARFAESI Act

Latest Articles


Relinquish or realize security interest by secured creditor under liquidation

Corporate Law : Learn how secured creditors can relinquish or realize their security interest during liquidation under IBC, including timelines an...

April 5, 2025 309 Views 0 comment Print

Impact of SARFAESI Act, 2002 on Banking Practices

Corporate Law : Explore how the SARFAESI Act transformed banking practices, enhancing recovery processes while raising concerns about borrowers' r...

October 13, 2024 618 Views 0 comment Print

Debt Recovery Simplified: Section 13 of SARFAESI Act

Corporate Law : SARFAESI Act of 2002 addresses India's non-performing assets. Section 13 empowers secured creditors to enforce security interests ...

June 17, 2024 1770 Views 0 comment Print

ITC Allowed Without Need for Physical Documents

Goods and Services Tax : Explore the Madras High Court ruling on allowing Input Tax Credit without physical invoices, emphasizing electronic records for GS...

March 4, 2024 6561 Views 1 comment Print

Display of Secured Assets under SARFAESI Act 2002: FAQs

Fema / RBI : Get answers to common queries about displaying secured assets under SARFAESI Act 2002. Learn about asset disclosure, updates, and ...

February 7, 2024 789 Views 0 comment Print


Latest News


No provision to re-seal property already auctioned by nationalized banks

Finance : There is no mention of the term re-sealing of property in SARFAESI Act, 2022 and the Recovery of Debts and Bankruptcy (RDB) Act, 1...

August 8, 2022 834 Views 0 comment Print

SARFAESI Act, 2002: 3 month imprisonment if borrower not provide asset details

Corporate Law : The Central Govt has initiated formulation of laws to secure prudential banking & help effect a culture of credit discipline i...

December 21, 2018 2640 Views 0 comment Print

Control and resolution of NPAs

Fema / RBI :  The Gross Advances of Scheduled Commercial Banks (SCBs) increased from Rs.25,03,431 crore as on 31.3.2008 to Rs. 68,75,748 crore...

August 8, 2018 927 Views 0 comment Print

Draft ‘Fugitive Economic Offenders Bill, 2017’ -Govt invite comments

Fema / RBI : It is widely felt that the spectre of high-value economic offenders absconding from India to defy the legal process seriously unde...

May 18, 2017 960 Views 0 comment Print

Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Bill, 2011 approved

Corporate Law : The Union Cabinet today approved introduction of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Bill,...

October 13, 2011 798 Views 0 comment Print


Latest Judiciary


Civil suit barred under Section 34 of SARFAESI Act; jurisdiction lies with Debt Recovery Tribunal

Corporate Law : By an order dated 06.08.2024, the Commercial Court rejected the application filed by the appellant seeking exemption from complyin...

May 10, 2025 108 Views 0 comment Print

Section 26E of SARFAESI Act and Section 34 of RDB Act will prevail over section 24 of TNGST Act

Goods and Services Tax : Madras High Court held that provisions of Section 26E of the SARFAESI Act and Section 34 of the Recovery of Debts and Bankruptcy A...

April 30, 2025 138 Views 0 comment Print

Proceeding under SARFAESI Act and IBC is saved from provision providing precedence to BUDS Act

Corporate Law : The borrowers defaulted on loan repayment, prompting the petitioner to initiate proceedings under the SARFAESI Act. Physical posse...

March 26, 2025 450 Views 0 comment Print

SARFAESI Proceedings Can Proceed Independently of Insolvency Resolution: Kerala HC

Corporate Law : Kerala HC rules bank can pursue SARFAESI against mortgaged property despite borrower's joint venture in a separate company's resol...

March 17, 2025 153 Views 0 comment Print

Creditor not restricted to enforce personal guarantee signed on behalf of trust

Company Law : NCLAT Delhi held that trusteeship deeds are generally signed between the trust on behalf of the lenders and the personal/ corporat...

February 10, 2025 282 Views 0 comment Print


Latest Notifications


RBI Circular: Display of Secured Asset Information under SARFAESI Act

Fema / RBI : Reserve Bank of India (RBI) has issued Circular RBI/2023-24/63 on September 25, 2023, addressing the display of information relate...

September 25, 2023 3042 Views 0 comment Print

Housing financial companies | Financial institutions | SARFAESI Act

Finance : Central Government hereby specifies such housing financial companies registered under sub-section (5) of section 29A of the Nation...

June 17, 2021 2955 Views 0 comment Print

SARFAESI (Central Registry) (Amendment) Rules, 2020

Corporate Law : Government notifies Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) ...

January 24, 2020 17040 Views 1 comment Print

Security Interest (Enforcement) Amendment Rules, 2018

Fema / RBI : Sale notice for sale of movable properties- E-Auction Sale Notice for Sale of Movable Assets under the Securitisation and Reconstr...

October 17, 2018 39666 Views 2 comments Print

Govt amends SARFAESI notification number S.O. 2641(E), dated 05.08.2016

Corporate Law : Central Government hereby makes the following amendments in the notification of the Government of India, in the Ministry of Financ...

June 6, 2018 6234 Views 0 comment Print


Latest Posts in SARFAESI Act

Civil suit barred under Section 34 of SARFAESI Act; jurisdiction lies with Debt Recovery Tribunal

May 10, 2025 108 Views 0 comment Print

By an order dated 06.08.2024, the Commercial Court rejected the application filed by the appellant seeking exemption from complying with the mandatory provisions of Section 12-A of the Act, 2015.

Section 26E of SARFAESI Act and Section 34 of RDB Act will prevail over section 24 of TNGST Act

April 30, 2025 138 Views 0 comment Print

Madras High Court held that provisions of Section 26E of the SARFAESI Act and Section 34 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) would prevail over the provisions of Section 24 of the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act).

Relinquish or realize security interest by secured creditor under liquidation

April 5, 2025 309 Views 0 comment Print

Learn how secured creditors can relinquish or realize their security interest during liquidation under IBC, including timelines and procedures under Section 52.

Proceeding under SARFAESI Act and IBC is saved from provision providing precedence to BUDS Act

March 26, 2025 450 Views 0 comment Print

The borrowers defaulted on loan repayment, prompting the petitioner to initiate proceedings under the SARFAESI Act. Physical possession of the property was taken on 05.12.2023.

SARFAESI Proceedings Can Proceed Independently of Insolvency Resolution: Kerala HC

March 17, 2025 153 Views 0 comment Print

Kerala HC rules bank can pursue SARFAESI against mortgaged property despite borrower’s joint venture in a separate company’s resolution plan.

Creditor not restricted to enforce personal guarantee signed on behalf of trust

February 10, 2025 282 Views 0 comment Print

NCLAT Delhi held that trusteeship deeds are generally signed between the trust on behalf of the lenders and the personal/ corporate guarantor of the principal borrower and Creditors are the true beneficiaries of such deed of guarantee.

NCLT cannot exercise jurisdiction over matters dehors insolvency proceedings: NCLAT Delhi

January 20, 2025 459 Views 0 comment Print

Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.

Victory for Bona Fide Purchaser: Supreme Court Upholds SARFAESI Auction

January 14, 2025 1350 Views 0 comment Print

Supreme Court rules in favor of a bona fide auction-purchaser under the SARFAESI Act, emphasizing due diligence and addressing ownership disputes in loan recovery cases.

Relinquishment of security interest on non-payment of Liquidation Costs as per 21A(3) of Liquidation Regulations

December 27, 2024 216 Views 0 comment Print

Where secured creditor failed to pay the liquidation costs within 90 days after its intention to realize the security interest, the security interest should stand relinquished under Regulation 21A(3) of the Liquidation Regulations, 2016.

Financial creditor cannot sale property of personal guarantors during moratorium u/s. 96 of IBC

December 26, 2024 921 Views 0 comment Print

NCLT Mumbai held that sale of property of personal guarantors by financial creditor under SARFAESI Act during protection of moratorium under section 96 of the IBC is invalid sale as protection of moratorium under section 96 is far greater than of section 14.

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