Process of Adjudication Under SARFAESI Act 2002

  • Gaurav Vardhan
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  • Gaurav Vardhan

    Student at Delhi Metropolitan Education, India.

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With the growing time and numerous factors moving in an economy, the usually synchronised term with banking “adjudication” is the method of delivering or pronouncing judgment or decree in an exceeding course. The statement and object of the much-awaited statute to securitise, regulate and reconstruct the financial assets was brought as a masterpiece by the bicameral Indian legislature to facilitate the adjudication process in a comprehensive and effective manner of the matters covered within its ambit. The act permits the originators to enforce their security interests expeditiously without being required to move court or tribunal, which is consistent with the object of parliament to facilitate the enforcement of security interests by a non-adjudicatory process. It has the remedy to forfeit the residential and business properties to recover loans once the recipient fails to repay their loans. It permits banks to cut back their non-performing assets (hereinafter referred to as ‘NPA’). Upon loan defaults, banks will seize the securities like land (except agricultural land) without the intervention of the courts. However, the intervention is critical once the security is invalid or dishonourable. The act comes into the picture for the secured loans, and just in case the assets in question are the unsecured assets, then he would have the choice to manoeuvre court for the civil suit as recourse accessible. Thus, as Economy is the Art of making the most of life. “Finance is not just about lending, it is about recovering loans also.” and while one fails to do that, there has to be recourse in order to maintain a healthy order in the economic development.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2447 - 2451


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