1st Edition
An Exploration of the SARFAESI Act Practical Insights
This book looks at the constitutional and regulatory frameworks of loan and debt recovery laws and legislations. It explores different aspects of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 along with issues and challenges in enforcing the Act in India.
The book explores the evolution of debt recovery laws in India by analysing various past cases and legislations relating to the recovery of dues by banks and financial institutions. Taking the rights of both banks and borrowers into consideration, it provides a description of the relevant provisions of the SARFAESI Act and its implications. The author analyses relevant case laws and practical experiences to highlight the positives as well as issues of the SARFAESI Act that has strengthened the creditor’s rights. The book also looks at the consolidation of insolvency and bankruptcy laws in India that have contributed to the process of debt recovery while protecting customers.
Lucid and comprehensive, this volume will be an indispensable resource for students and researchers of law, business and company law, monetary economics, macroeconomics, Asian law, comparative law. It will also be useful for teaching faculty, legal practioners and bankers.
List of Figures. List of Cases. Preface. Foreword. Acknowledgements 1. Introduction 2. The Evolution and Development of Recovery Laws Relating to Banks and Financial Institutions 3. Jurisprudence of Debt Recovery Laws: An analysis of judgements to reflect approach of the judiciary 4. Legislations Relating to Recovery of Dues to Banks in Force in India 5. The Issues and Challenges in Enforcing the SARFAESI Act, 2002 6 Implications of SARFAESI Act on various systems 7. Insolvency and Bankruptcy Code: A Big Game Changer in Banking! Bibliography. Index.
Biography
Syamjith Parakkott has twenty-seven years of experience in banking law and practice. At present, he is serving as Chief Manager in the Law department of State Bank of India, Thiruvananthapuram, India. He has authored several books and articles on banking laws and has participated in many seminars and workshops as resource person.
