ValkyaEditorial

Tagged “npa”

1 article on npa.

Landmark JudgmentSupreme Court of India

Mardia Chemicals v. Union of India: SARFAESI upheld, the 75% deposit struck down, and the right of reasoned non-acceptance read in

On 8 April 2004 a three-judge Constitution Bench of the Supreme Court upheld the constitutional validity of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 while striking down its Section 17(2) requirement that a borrower deposit 75% of the demand before access to the Debts Recovery Tribunal. The Bench also read into Section 13(3) a duty on the secured creditor to communicate, in writing, the reasons for non-acceptance of the borrower's representation — a safeguard that Parliament codified within months as Section 13(3A) by the 2004 Amendment Act.

Valkya Editorial··15 min