Taxmann's SARFAESI & Debts Recovery Law Manual

Page 1


Chapter-Heads I-5

List of Circulars/Notifications I-23

BOOK ONE

SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002

DIVISION ONE GUIDE TO SARFAESI ACT, 2002 1

OVERVIEW OF SARFAESI ACT

2

ENFORCEMENT OF SECURITY INTEREST

I-11

2.2

PROCEDURE FOR SALE OF ASSETS

I-13

3.3-2

3.3-3

1.75 3.6-1 1.75 3.6-2 1.76 3.6-3 1.76 3.6-4 1.77 4

APPLICATION, APPEALS AND PENALTY UNDER SARFAESI ACT

4.3 1.83 4.3-1 1.83 4.3-2 1.85 4.3-3 1.85

SECURITISATION

I-15

ASSET RECONSTRUCTION COMPANIES

7

REGISTRATION OF TRANSACTIONS UNDER SARFAESI ACT

DIVISION TWO

SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002

DIVISION THREE RULES

DIVISION FOUR

CIRCULARS/DIRECTIONS/NOTIFICATIONS/ORDERS

DIVISION FIVE

CASE LAWS DIGEST UNDER SARFAESI ACT, 2002

BOOK TWO

RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993

DIVISION SIX

GUIDE TO RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 1

BACKGROUND OF RDB ACT

2

ORIGINAL APPLICATION (OA) TO DRT FOR RECOVERY OF DEBTS

DEBT RECOVERY TRIBUNAL 3.1 6.22 3.2 6.24 3.2-1 6.24 3.3 6.26 I-18

3

3.3-1

4 APPEAL AGAINST ORDER OF DRT BEFORE DRAT

5

RECOVERY AFTER ORDER

POWERS AND LIMITATIONS OF TRIBUNAL

8

RBI DIRECTIONS ON RESOLUTION OF STRESSED ASSETS

DIVISION SEVEN

RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993

DIVISION EIGHT RULES

DIVISION NINE NOTIFICATIONS

DIVISION TEN

CASE LAWS DIGEST UNDER RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993

Overview of SARFAESI Act

1.1 Background

1.1-1 Historical background of the present SARFAESI Act

Para 1.1

1.1-2 Constitutional Validity of SARFAESI Act

Para 1.1

M R Utensils UOI

Polyfab State Bank of India

Apex Electricals ICICI Bank Ltd.

Court cannot compel rehabilitation

Sri Krishna Oil Complex Ltd.

1.1-3 SARFAESI Act applies to Jammu and Kashmir State

Bank of India Santosh Gupta

Bhupinder Singh Sodhi UOI

Garlon
IFCI

1.2 Salient features of SARFAESI Act

1.2-1 Enforcement of Security Interest

1.2-2 Securitisation

1.11
Para 1.2

1.2-3 Asset Reconstruction for the purpose of realisation of such financial assistance b

1.2-4 Registration of securitization, reconstruction and creation of security interest

1.13
Para 1.2

1.3 Some problems in SARFAESI Act

Asset should be transferred free of liabilities

Past liabilities of electricity bills

SARFAESI & DEBTS RECOVERY LAW MANUAL

PUBLISHER : TAXMANN

DATE OF PUBLICATION : JULY 2024

EDITION : 2024 EDITION

ISBN NO : 9789357785402

NO. OF PAGES : 764

BINDING TYPE : PAPERBACK

DESCRIPTION

Rs. 1545 | USD 19

This book is a comprehensive resource on the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) & Recovery of Debts and Bankruptcy Act, 1993 (Debts Recovery Laws). It contains topic-wise commentary & statutory laws (i.e. Acts, Rules, Circulars & Notifications, etc.) on SARFAESI & Debt Recovery Laws.

This book is an essential resource for legal practitioners, scholars, and anyone interested in the intricacies of SARFAESI and Debt Recovery Laws.

The Present Publication is the 2024 Edition and has been amended up to 15th February 2024. This book is edited by Taxmann's Editorial Board, with the following coverage:

• SARFAESI

o Over 120 pages of topic-wise commentary covering various aspects of the SARFAESI Act, including its overview, enforcement of security interest, asset sale procedures, applications, appeals, penalties, securitisation, asset reconstruction companies, and registration of transactions

o The text of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, along with a subject index

o Incorporates the Securities Interest (Enforcement) Rules, 2002, the Central Registry Rules, 2011, and the Tribunal Reforms Act, 2021

o A comprehensive compilation of Circulars, Directions, Notifications, and Orders, including the RBI Directions of 2021, Master Circular on Asset Reconstruction Companies, relevant circulars and notifications under the SARFAESI Act, and Master Direction on Reserve Bank of India (Asset Reconstruction Companies) Directions, 2024

o Notifications and Case Laws relevant to SARFAESI

• Debt Recovery Laws

o An 80-page commentary on Debt Recovery Laws, discussing the background of the RDB Act, processes for applying to the DRT for debt recovery, the functioning of Debt Recovery Tribunals and Appellate Tribunals, recovery post-order, tribunal powers and limitations, and applicable RBI directions on stressed assets resolution

o The text of the Recovery of Debts and Bankruptcy Act, 1993, supplemented with a subject index

o Rules governing the operational and administrative aspects of Debts Recovery Tribunals and Appellate Tribunals, including procedures for appointment and investigation of presiding officers, electronic filing rules, and refund of court fees

o Notifications and Case Laws relevant to Debt Recovery Laws

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