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Maintenance of status quo with regard to SARFAESI action - ...


High Court's Ex-Parte Order Without Reasons Stays SARFAESI Action, Threatening Secured Creditor's Financial Stability.

January 14, 2022

Case Laws     Indian Laws     SC

Maintenance of status quo with regard to SARFAESI action - Nonperforming Asset - It appears that the High Court has initially granted an ex-parte ad-interim order mechanically and without assigning any reasons. The High Court ought to have appreciated that by passing such an interim order, the rights of the secured creditor to recover the amount due and payable have been seriously prejudiced. The secured creditor and/or its assignor have a right to recover the amount due and payable to it from the borrowers. The stay granted by the High Court would have serious adverse impact on the financial health of the secured creditor/assignor. - SC

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