This book is a comprehensive, organised, and up-to-date resource on SARFAESI and Debts Recovery Laws. It provides detailed topic-wise commentary and includes all relevant statutory laws (Acts, Rules, Circulars, and Notifications).

Description

This book is a comprehensive resource on the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) & Recovery of Debts and Bankruptcy Act, 1993 (Debts Recovery Laws). It contains topic-wise commentary & statutory laws (i.e. Acts, Rules, Circulars & Notifications, etc.) on SARFAESI & Debt Recovery Laws.

This book is an essential resource for legal practitioners, scholars, and anyone interested in the intricacies of SARFAESI and Debt Recovery Laws.

The Present Publication is the July 2024 Edition and has been amended up to 20^th June 2024. This book is edited by Taxmann’s Editorial Board, with the following coverage:

• SARFAESI
  • Topic-wise commentary on SARFAESI in 120+ Pages on topics such as:
    • Overview of the SARFAESI Act
    • Enforcement of Security Interest
    • Procedure for Sale of Assets
    • Application, Appeals and Penalty under the SARFAESI Act
    • Securitisation
    • Asset Reconstruction Companies
    • Registration of Transactions under SARFAESI Act
    • Subject Index
  • Act
    • Text of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
    • Subject Index
  • Rules
    • Securities Interest (Enforcement) Rules, 2002
    • Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) Rules, 2011
    • Tribunal Reforms Act, 2021
  • Circulars/Directions/Notifications/Orders
    • Reserve Bank of India (Securitisation of Standard Assets) Directions, 2021
    • Master Circular | Asset Reconstruction Companies
    • Review of Regulatory Framework for Asset Reconstruction Companies (ARCs)
    • Circulars & Notifications issued in the SARFAESI Act
    • Removal of Difficulty Orders of 2002
    • Removal of Difficulty Orders of 2004
    • Compendium of Old Instructions issued prior to Master Circular on Asset Reconstruction Companies
    • Display of Information
    • Master Direction – Reserve Bank of India (Asset Reconstruction Companies) Directions, 2024
  • Case Laws Digest
• Debt Recovery Laws
  • Topic-wise commentary on Debt Recovery Laws in 80+ Pages on the following topics:
    • Background of the RDB Act
    • Original Application (OA) to DRT for Recovery of Debts
    • Debt Recovery Tribunal
    • Appeal against order of DRT before DRAT
    • Recovery after Order
    • Powers and Limitations of the Tribunal
    • Limitation Act
    • RBI Directions on Resolution of Stressed Assets
    • Subject Index
  • Act
    • Text of Recovery of Debts and Bankruptcy Act, 1993
    • Subject Index
  • Rules
    • Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997
    • Debts Recovery Tribunal (Procedure) Rules, 1993
    • Debts Recovery Tribunal (Procedure for Appointment as Presiding Officer of the Tribunal) Rules, 1998
    • Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules, 2010
    • Debts Recovery Appellate Tribunal (Procedure) Rules, 1994
    • Debts Recovery Appellate Tribunal (Procedure for Appointment as Presiding Officer of the Tribunal) Rules, 1998
    • Debts Recovery Appellate Tribunal (Financial and Administrative Power) Rules, 1997
    • Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013
    • Debts Recovery Tribunals & Debts Recovery Appellate Tribunals Electronic Filing Rules, 2020
  • Notifications
  • Case Laws Digest

Taxmann’s Editorial Board

At the heart of Taxmann Publications lies the Research & Editorial Team, established from a cadre of Chartered Accountants, Company Secretaries, and Lawyers. This group, operating under the guidance of Editor-In-Chief Mr Rakesh Bhargava, is the cornerstone of Taxmann’s commitment to delivering unparalleled content accuracy and reliability.

The team’s mission is anchored in the principles of the Six Sigma methodology, with a steadfast goal of eradicating errors and upholding the highest standards of excellence in all publications and research outputs. Their rigorous content development process is informed by core guidelines, ensuring every piece of work is authoritative and insightful. These guidelines include:

• Sourcing – All statutory materials are derived exclusively from authorized and credible sources, guaranteeing the integrity of the information provided
• Current Awareness – The team prioritizes keeping readers well-informed of the latest judicial and legislative developments, ensuring content is both timely and relevant
• Analytical Insights – Special emphasis is placed on crafting analytical pieces on topical, contentious, and impactful issues, aiding readers in comprehensively understanding the nuances and implications of recent events
• Clarity and Accuracy – Taxmann pledges that every publication is thorough, precise, and articulated with clarity, serving as a reliable reference for complex subjects
• Evidence-based Referencing – Assertions and analyses are meticulously backed with references to relevant sections, circulars, notifications, or citations, enhancing the content’s credibility
• Quality and Consistency – Adherence to the golden rules of grammar, style, and consistency is non-negotiable, ensuring a seamless and engaging reading experience
• Accessibility – The choice of font and size across all print and digital mediums is dictated by legibility and consistency, making information accessible to all readers