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IBC - Highlights / Catch Notes

Home Highlights August 2019 Year 2019 This

Preferential rights of secured creditors - Handing over the ...


I&B Code Section 18 overrides SARFAESI Act Section 13(4), prioritizing secured creditors in insolvency for property possession.

August 12, 2019

Case Laws     Insolvency and Bankruptcy     AT

Preferential rights of secured creditors - Handing over the possession of the mortgaged property - Section 18 of the ‘I&B Code’ will prevail over Section 13(4) of the ‘SARFAESI Act, 2002’ and the ‘Dena Bank’ cannot retain the possession of the property in question of which the ‘Corporate Debtor’ is the owner

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