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Liquidation process - right of the secured creditor - Respondent ...


Secured Creditor Can't Realize Security Interest in Liquidation Due to Insufficient 60% Stake Under SARFAESI Act Section 13(9.

July 18, 2020

Case Laws     Insolvency and Bankruptcy     AT

Liquidation process - right of the secured creditor - Respondent can realise a Security Interest as per provision Section 13(9) of the SARFAESI Act. Since the Respondent does not have a requisite 60% value in Secured Interest, therefore, the Respondent does not have right to realize its security interest, because it would be detrimental to the Liquidation process and the interest of the remaining ten Secured Creditors.

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