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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 306 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 615 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 1764 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 6552 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 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 2637 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 u/s. 34 of SARFAESI Act as matter empowered under 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 24 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 126 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 276 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 3039 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


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).

Secured creditor cannot proceed under SARFAESI following adverse civil suit judgment

May 26, 2024 918 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 438 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 1299 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 636 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).

Secured Creditors have Priority Charge Over Sales, Commercial & Income Tax Claims

March 27, 2024 546 Views 0 comment Print

In a significant ruling, Madras High Court grants ICICI Bank priority charge over tax claims, offering relief and legal precedence for secured creditors. Full text of the judgment provided.

ITC Allowed Without Need for Physical Documents

March 4, 2024 6552 Views 1 comment Print

Explore the Madras High Court ruling on allowing Input Tax Credit without physical invoices, emphasizing electronic records for GST compliance.

Delhi HC directs DRAT Chairperson to decide Waiver Application for Securitization Deposit

February 28, 2024 612 Views 0 comment Print

Delhi High Court orders DRAT Chairperson to decide on a waiver for the 25% deposit in a securitization case, providing relief to Chaudhary Ventures Pvt. Ltd.

Financial debt not barred by limitation: NCLT Delhi

February 13, 2024 498 Views 0 comment Print

NCLT Delhi held that ‘financial debt’ is not barred by limitation. Accordingly, application filed by the CFM Asset Reconstruction Private Limited, the Financial Creditor, u/s. 7 of the Code for initiating CIRP against M.G. Finvest Private Limited, the Corporate Debtor, stands admitted.

Simultaneous CIRP Allowed for Principal Borrower & Corporate Guarantor: NCLT

February 12, 2024 768 Views 0 comment Print

NCLT Kolkata allows simultaneous Corporate Insolvency Resolution Process (CIRP) against State Bank of India and Anupriya Management Private Limited, the corporate guarantor.

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