A bank took over the management of XYZ Ltd., in terms of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and appointed six directors, consequently removing Vaibhav, an

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2023
A bank took over the management of XYZ Ltd., in terms of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and appointed six directors, consequently removing Vaibhav, an executive director of XYZ Ltd. Vaibhav claimed following amounts : (i) ₹ 25 lakh as a compensation for loss of office; and (ii) ₹ 6 lakh towards his unpaid salary for the last three months. Whether Vaibhav is entitled to compensation for loss of office and unpaid salary ? Give reasons in support of your answer.

Answer & Explanation:

Section 16(1) of the SARFAESI Act provides that notwithstanding anything to the contrary contained in any contract or in any other law for the time being in force, no managing director or any other director or a manager or any person in charge of management of the business of the borrower shall be entitled to any compensation for the loss of office or for the premature termination under this Act of any contract of management entered into by him with the borrower. Further, According to Section 16(2), nothing contained in sub-section (1) shall affect the right of any such managing director or any other director or manager or any such person in charge of management to recover from the business of the borrower, moneys recoverable otherwise than by way of such compensation. In view of the above legal provision Vaibhav, the removed director of XYZ Limited can claim his unpaid salary, but he can not claim any compensation for loss of office.

Topics: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act)

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