PROCEDURE FOR SALE OR AUCTION SALE OF ?SECURED ASSET’ UNDER THE PROVISIONS OF SARFAESI ACT, 2002?
07Apr
While everybody appreciates the legislative intention behind enacting special legislations like RDDB Act, 1993 and SARFAESI Act, 2002, when it comes to the sale of mortgaged property through auction, many interesting points would emerge for consideration. If it is a sale of mortgaged property pursuant to the Recovery Certificate issued by the Debt Recovery Tribunal in an Application filed by the Bank under Section 19 of RDDB Act, 1993, the Recovery Officer or the Bank shall have to follow the provisions contained in Schedule II and III of Income Tax Act with such modifications as may be necessary. On the same footing, the Bank should follow the provisions of SARFAESI Act, 2002 and SARFAESI Rules meticulously while selling the ‘secured asset' through Public Auction or through a Private Treaty. It is settled that the Bank or the Public Financial Institution should follow the relevant SARFAESI Rules strictly while selling the ‘Secured Asset'. There is one interesting point in this regard. Initially, the Bank was not allowed to pursue proceedings under the provisions of SARFAESI Act, 2002 without first withdrawing the pending application before the ... [more..]
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