SARFAESI & Debts Recovery Law Manual is a comprehensive and up-to-date legal resource on the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) and the Recovery of Debts and Bankruptcy Act (RDB Act). It consolidates legislation, rules, regulations, RBI circulars, directions, and key case law to provide a comprehensive understanding of the laws governing secured lending, enforcement of security interests, and debt recovery procedures in India.
This book is intended for the following audience:
- Legal Practitioners & Law Firms – Advocates, law firms, and in-house legal counsels will find this an authoritative reference for litigation, advisory, and compliance
- Banking & Financial Institutions – Bank officers, finance professionals, and asset recovery teams benefit from in-depth procedural guidelines for recovery of bad debts, enforcement of security interests, and SARFAESI compliance
- Corporate Executives & Credit Managers – Particularly those working in NBFCs, Asset Reconstruction Companies (ARCs), or handling distressed assets and credit risk management
- Academics & Students – Scholars, researchers, and students of banking, finance, and law will find it invaluable for coursework and research on secured transactions, debt recovery, and insolvency
The Present Publication is the 2025 Edition, amended up to 30th May 2025. This book is edited by Taxmann's Editorial Board, with the following noteworthy features:
- [Latest Amendments & Updates] Incorporates all key amendments to SARFAESI and Recovery of Debts & Bankruptcy laws up to 30th May 2025
- [Practical Guides & Commentaries] Comprehensive guides to procedures such as enforcement of security interests, sale of assets, appeals before DRT/DRAT, etc.
- [Regulatory & RBI Directions] Includes crucial RBI guidelines, master circulars, and directions on asset reconstruction and stressed assets resolution
- [Exhaustive Case Laws Digest] Curated rulings under both the SARFAESI Act and the Recovery of Debts and Bankruptcy Act to illustrate jurisprudential developments
- [Relevant Rules & Notifications] Covers all pertinent rules under SARFAESI (Enforcement) Rules, DRT procedural rules, notifications, and clarifications issued by the Ministry of Finance & RBI
- [Interplay with IBC] It also discusses interplay with the Insolvency and Bankruptcy Code (IBC), elucidating how moratorium provisions affect SARFAESI and RDB Act actions
- [Subject Index] The comprehensive subject indexes at the end of each Book/Division make it easy to locate relevant topics, provisions, and case references
The coverage of the book is as follows:
- Guide to SARFAESI Act (Book One)
- Enforcement of Security Interest
- Procedure for Sale of Assets
- Application, Appeals & Penalties
- Securitisation & Asset Reconstruction Companies
- Registration of Transactions under SARFAESI
- Circulars/Directions/Notifications/Orders under the Act (including Master Circular on Asset Reconstruction Companies)
- Detailed Analysis of SARFAESI Rules
- Security Interest (Enforcement) Rules 2002
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) Rules 2011
- Circulars/Directions/Notifications
- Master Circulars and Master Directions issued by RBI on Securitisation, Asset Reconstruction, and other relevant changes
- Case Laws Digest under SARFAESI
- Important decisions that shape the interpretation of the SARFAESI Act and its enforcement
- Guide to Recovery of Debts and Bankruptcy Act (Book Two)
- Filing Original Applications before DRT
- Procedures & Powers of the Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT)
- Appeals and Pre-Deposit Requirements
- Recovery Post-Final Order & Limitation Act Provisions
- RBI Directions on Resolution of Stressed Assets
- RDB Act Rules & Notifications
- Various procedural rules governing the Debt Recovery Tribunals (DRT) and Appellate Tribunals (DRAT)
- Case Laws Digest under the RDB Act
- Key precedents explaining the tribunal's powers, limitation aspects, and enforcement mechanics
The structure of the book is as follows:
- Book One – SARFAESI Act
- Division One – A Guide to SARFAESI Act, explaining the Act's background, enforcement processes, sale procedures, appeals, securitisation concepts, asset reconstruction, and registration
- Division Two – The Bare Act text of the SARFAESI Act, with an arrangement of sections and subject index for quick reference
- Division Three – Relevant Rules, including Security Interest Enforcement Rules and others
- Division Four – Circulars/Directions/Notifications/Orders, such as RBI directions on securitisation, master circulars on ARCs, and older instructions/compendiums
- Division Five – Case Laws Digest focusing on judicial interpretations of SARFAESI provisions
- Book Two – Recovery of Debts and Bankruptcy Act (RDB Act)
- Division Six – A Guide to RDB Act, detailing the procedure before Debt Recovery Tribunals, appeals, recovery after the order, tribunal powers, limitation aspects, etc.
- Division Seven – The Bare Act text of the RDB Act, with an arrangement of sections and a subject index
- Division Eight – Detailed Rules under the RDB Act for DRTs/DRATs, including procedural and administrative powers
- Division Nine – Notifications under the RDB Act
- Division Ten – Case Laws Digest under the RDB Act, highlighting important judgments and procedural clarifications
