Wednesday 23 December 2015

Debenture-trustee can enforce security interest on behalf of debenture holders under SARFAESI

SARFAESI Act, 2002: Whether the respondent-debenture trustee of three debenture holders viz., (LIC, Canara Band and Oriental Bank of Commerce), which was neither a bank nor a financial institution and was not even registered as Securitisation company u/s 3 of SARFAESI could be treated as a secured creditor within the meaning of section 2(zd) of the SARFAESI Act? If yes, whether it can invoke the provision of SARFAESI for enforcement of security interest? Held- Yes

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