SARFAESI applies to secured debts of sick companies

0
961

Dismissing an appeal in Madras Petrochem Ltd and Ors v BIFR and Ors, the Supreme Court held that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), prevails over the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), in the case of a secured creditor.

Chained_to_debtHowever, section 22 of SICA will continue to apply in a case where unsecured creditors seek to recover their debts from a sick industrial company, as SICA overrides the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Section 22 provides for suspension of legal proceedings, contracts, etc.

You must be a subscriber to read this article, or you can register for free to enjoy the current issue.

该部分内容仅提供予《商法》订阅会员。你可以订阅去解锁所有内容。你也可以免费注册去浏览最新一期的内容。

The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at [email protected] or [email protected] Readers should not act on the basis of this information without seeking professional legal advice.