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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 300 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 612 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 1758 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 6513 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 786 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 831 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 2634 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 921 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 957 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 795 Views 0 comment Print


Latest Judiciary


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 120 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 447 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 150 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 276 Views 0 comment Print

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

Corporate Law : Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over ...

January 20, 2025 459 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 3036 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 2952 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 17034 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 39657 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 6219 Views 0 comment Print


Payment of liquidator fee mandatory even if secured creditor proceeds to realise its security interest

December 21, 2024 486 Views 0 comment Print

NCLAT Delhi held that even if the secured creditor proceeds to realise its security interest it is liable to pay liquidator fee as contemplated under Regulation 21A (2)(a) of the Liquidation Regulations, 2016.

Section 13 SARFAESI Proceedings Don’t Make IBC Section 10 Application Malicious

December 12, 2024 582 Views 0 comment Print

NCLAT Delhi held that initiation of proceedings u/s. 13 sub-section (2) and (4) of SARFAESI Act by the creditor prior to filing of Section 10 application, cannot be a ground to hold that Section 10 application is filed with malicious and fraudulent intent.

Customs and excise department doesn’t have priority over secured creditors: Madhya Pradesh HC

October 17, 2024 117 Views 0 comment Print

According to the petitioner, respondent No.3 imported manufacturing machines without payment of central excise duties of Rs.10,14,099/- and custom duties of Rs.51,00,988/- for the manufacturing of export goods.

Partnership firm not doesn’t qualify as personal guarantor hence insolvency proceedings u/s. 95 of IBC unjustified

October 14, 2024 546 Views 0 comment Print

NCLT Hyderabad held that partnership firm are not included under the definition of personal guarantor covered under section 5(22) of the IBC, 2016. Accordingly, insolvency proceedings u/s. 95 of IBC against partnership firm cannot be initiated.

Impact of SARFAESI Act, 2002 on Banking Practices

October 13, 2024 612 Views 0 comment Print

Explore how the SARFAESI Act transformed banking practices, enhancing recovery processes while raising concerns about borrowers’ rights in India.

Delhi HC Directs Petitioner to Approach DRT; No Writ Against NBFC

October 11, 2024 210 Views 0 comment Print

Delhi HC dismisses writ petition against NBFC under SARFAESI Act. Petitioner advised to approach DRT for resolution. Fraud allegations under investigation.

Bank’s Registered Security Interest with CERSAI Takes Priority Over Tax Authorities’ Claim: Bombay HC

August 18, 2024 717 Views 0 comment Print

Bombay HC upholds priority of Janaseva Sahakari Bank’s secured interest over Sales Tax Dept’s claims, setting aside the mutation entry in land records.

Sales Tax cannot claim priority over dues of secured creditor whose interest is registered with CERSAI: Bombay HC

July 25, 2024 303 Views 0 comment Print

Bombay High Court held that security creditor who has registered its claim against secure assets with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) has priority over other debts.

Debt Recovery Simplified: Section 13 of SARFAESI Act

June 17, 2024 1758 Views 0 comment Print

SARFAESI Act of 2002 addresses India’s non-performing assets. Section 13 empowers secured creditors to enforce security interests without court proceedings, streamlining debt recovery.

Bank Documents for Asset Reconstruction Exempt from Stamp Duty under SARFAESI Act

June 4, 2024 456 Views 0 comment Print

Legal analysis of SARFAESI Act: Exemption from stamp duty for documents favoring asset reconstruction. Case: Assets Care Vs Ankit Metal (NCLT Kolkata).

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