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
2.6-5
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
APPLICATION, APPEALS AND PENALTY UNDER SARFAESI ACT
4.2-2
4.3 1.83 4.3-1 1.83 4.3-2 1.85 4.3-3 1.85
5.7-4 1.100 I-14
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 5.3
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
1.1-2 Constitutional Validity of SARFAESI Act Mardia Chemicals
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
Para 1.2
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
Tax liability of previous owners
Drastic powers to secured creditors
Secured creditor empowered to adjudicate the amount
Even instalments not due will have to be paid proviso
Secured creditor may not be amenable to writ jurisdiction
Courts bypassed
1.3-1 Lenders’ Liability and Fair Practices Code
i.e.
1.4 Parallel proceedings under SARFAESI/RDBA, Civil Court and Insolvency Code permissible
Punjab National Bank
Carnation Auto India
P K Sales Co. P. Ltd. In Re Anandram Developers NCLT
Asis Plywood Ltd. In re Sarthak Creation
Bank of Baroda Leo Duct
Engineers & Consultants Ltd. Canara Bank
Indian Overseas Bank Pixion Media
Union Bank of India IP
Construction
Edelweiss Asset Reconstruction Co Net 4 India Ltd. Rakesh Kumar Gupta
Mahesh Bansal
Punjab National Bank Vindhya Cerals (P.) Ltd.
Engineering Works (P.) Ltd.
- Miditech (P.) Ltd., In re Bank of Baroda Varia
