SARFAESI Act is a complete code in itself and there is no lacuna or ambiguity in it to warrant reading something more into it or to borrow anything from the Companies Act. Comment on the statement in light of decided cas

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2018
SARFAESI Act is a complete code in itself and there is no lacuna or ambiguity in it to warrant reading something more into it or to borrow anything from the Companies Act. Comment on the statement in light of decided case laws.

Answer & Explanation:

Pegasus Assets Reconstruction (P) Ltdv. Haryana Concast Ltd. , civil appeal nos. 3646 of 2011, 9293-9294 OF 2014 AND 14736 TO 14738 of 2015, date December 29, 2018, [2015] 64 taxmann.com 394 (SC) Considering section 283 of the Companies Act, 2013 / Section 456 of Companies Act, 1956 read with section 13 of the SARFAESI Act, 2002, the Supreme Court in the matter of winding-up and custody of company's property opined that SARFAESI Act, 2002 is a complete code in itself and there is no lacuna or ambiguity in it to warrant reading something more into it or to borrow anything from Companies Act, 2013. The Court mentioned that as per section 13 of the SARFAESI Act, a secured creditor has right to enforce its security interest without intervention of Court or Tribunal and the powers under Companies Act, 2013 cannot be wielded by Company Judge to interfere with proceedings by a secured creditor who has opted to stay outside winding-up process to realize its secured interests as per provisions of SARFAESI Act.

Topics: SARFAESI Act

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