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SARFAESI Act

Latest Articles


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 522 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 1704 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 5982 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 750 Views 0 comment Print

Bombay HC Directs Swift Disposal of SARFAESI Act Creditors’ Applications for Asset Possession

Corporate Law : Read how Bombay High Court's recent judgment issued crucial directives for swift processing of creditors' applications under SARFA...

October 11, 2023 546 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 807 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 2622 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 897 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 936 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 774 Views 0 comment Print


Latest Judiciary


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 204 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 420 Views 0 comment Print

Victory for Bona Fide Purchaser: Supreme Court Upholds SARFAESI Auction

Corporate Law : Supreme Court rules in favor of a bona fide auction-purchaser under the SARFAESI Act, emphasizing due diligence and addressing own...

January 14, 2025 1098 Views 0 comment Print

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

Corporate Law : Where secured creditor failed to pay the liquidation costs within 90 days after its intention to realize the security interest, th...

December 27, 2024 180 Views 0 comment Print

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

Corporate Law : NCLT Mumbai held that sale of property of personal guarantors by financial creditor under SARFAESI Act during protection of morato...

December 26, 2024 696 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 2922 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 2919 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 16884 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 39546 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 6144 Views 0 comment Print


Impact of SARFAESI Act, 2002 on Banking Practices

October 13, 2024 522 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 186 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 657 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 273 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 1704 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 441 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).

Secured creditor cannot proceed under SARFAESI following adverse civil suit judgment

May 26, 2024 852 Views 0 comment Print

Kerala High Court rules that a secured creditor cannot proceed under SARFAESI Act if a civil suit for recovery has been dismissed on merits. Learn more about the case.

Kerala High Court Directs Deferred Repayment Plan in Loan Recovery Case

May 26, 2024 414 Views 0 comment Print

Kerala High Court intervenes in coercive recovery proceedings against petitioners for financial advance default, granting time for repayment. Read the full judgment here.

SARFAESI Auction irregularity: SC directs refund with interest & allows Tenants Who Bid to Stay After Auction Set Aside

April 26, 2024 1233 Views 0 comment Print

In Govind Kumar Sharma & Anr Vs Bank of Baroda case, Supreme Court sets aside auction sale under SARFAESI Act due to procedural lapses, allowing tenants to stay with refund.

MVAT Authorities Lack Priority Over Secured Creditors’ Assets: Bombay HC

April 2, 2024 579 Views 0 comment Print

Bombay High Court held that MVAT Authorities would not have priority in the recourse to the assets that are secured in favour of the secured creditor and registered in priority with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI).

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