In the pursuit of asset reconstruction, an asset reconstruction company is granted the authority to enact a range of measures, all without prejudice to existing laws:
Provided that the transformation of any debt into shares of a borrower company shall be deemed retroactively valid as if the provisions of this clause were in effect at all pertinent times.
The Reserve Bank is tasked, for the objectives specified in subsection (1), with formulating policies and issuing necessary directives. This includes directives that regulate the management of the borrower's business and stipulate applicable fees.
The asset reconstruction company is obligated to implement measures under subsection (1) in strict adherence to the policies and directives of the Reserve Bank, as established under subsection (2)
The defaulter is unable to initiate criminal proceedings to halt SARFAESI proceedings on issues that can only be determined through DRT: Allahabad HC
After the civil court dismissed the recovery plea, the bank is unable to proceed against the borrower in accordance with SARFAESI: HC
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