Comment on the correctness of the following factual situations or statements referring applicable provisions of the IBC, 2016 and Regulations made thereunder: Unlike a civil law, SARFAESI Act, 2002 does not provide any o
CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · June 2025
Comment on the correctness of the following factual situations or statements referring applicable provisions of the IBC, 2016 and Regulations made thereunder: Unlike a civil law, SARFAESI Act, 2002 does not provide any option to apply for Caveats before the Courts.
Answer & Explanation:
Incorrect As per Section 18(C) of SARFAESI Act, 2002: (1) Where an application or an appeal is expected to be made or has been made under 17(1) or section 17A or 18(1) or section 18B, the secured creditor or any person claiming a right to appear before the Tribunal or the Court of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hearing of such application or appeal, may lodge a caveat in respect thereof.
Topics: SARFAESI Act
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