Blue Dolphin Limited (Corporate Debtor) is under Liquidation as per the provisions of Insolvency and Bankruptcy Code, 2016. The Corporate Debtor has only one secured creditor namely in BQ Bank. In one of the meetings of
CS Professional · Insolvency - Law and Practice · PYQS · December 2024
Blue Dolphin Limited (Corporate Debtor) is under Liquidation as per the provisions of Insolvency and Bankruptcy Code, 2016. The Corporate Debtor has only one secured creditor namely in BQ Bank. In one of the meetings of Stakeholders Consultation Committee, the Liquidator of the Corporate Debtor informed the BQ Bank that the secured properties of the Corporate Debtor may not be sufficient to satisfy the amount of loan lent to the Blue Dolphin Limited. In view of the above situation, BQ Bank, at its internal meeting, discussed and decided to recover the balance amount through exercising the provisions of SARFEASI Act, 2002 on movable, secured assets of the Corporate Guarantors who were additionally secured to the BQ Bank by the Corporate Debtor. Black Dolphin Private Limited has given its movable property in its Unit 'A' as additional security for credit facilities available by Corporate Debtor. The BQ Bank has entrusted the job of recovery through movable properties of Black Dolphin Private Limited to Ishan, a newly appointed Recovery Officer. Ishan being your close friend has approached you to clarify his doubts on enforcement of security interest as per the SARFAESI Act, 2002 and the Rules made thereunder. Ishan has put forth following queries to clarify his doubts on the provisions of SARFAESI Act and Rules made thereunder: Upon sale, state the procedure to be followed for recovery and completion of sale?
Answer & Explanation:
Rule 7 of the Security Interest (Enforcement) Rules, 2002, provides that where movable secured assets are sold, the sale price of each lot shall be paid as per the terms of the public notice or on the terms as may be settled between the parties, as the case may be, and in the event of default of payment, the movable secured assets shall be liable to be ordered for sale again. On payment of the sale price, the authorized officer shall issue a certificate of sale in the prescribed form as given in Appendix III to The Security Interest (Enforcement) Rules, 2002, specifying the movable secured assets sold, the price paid, and the name of the purchaser, and thereafter the sale shall become absolute. The certificate of sale so issued shall be prima facie evidence of the title of the purchaser.
Topics: SARFAESI Act, 2002
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