Advances in Consumer Research
Issue 2 : 965-972
Original Article
SARFAESI Act in Practice: Legal Efficacy, Judicial Trends, and Borrower Safeguards
1
Professor of Practice, School of Law, UPES, Dehradun.
Abstract

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, was enacted to empower banks and financial institutions to recover non-performing assets (NPAs) efficiently without the intervention of courts. While the Act significantly strengthened creditor rights, it also raised concerns regarding the protection of borrower interests and the balance of power between lenders and debtors. This paper explores the practical efficacy of the SARFAESI Act in achieving its legislative intent, examines the evolving judicial interpretations and trends in its application, and analyzes the safeguards available to borrowers against arbitrary or excessive creditor actions. Through a comprehensive review of case law, enforcement data, and comparative legal insights, the study evaluates whether the Act continues to serve its dual objectives of financial discipline and fairness in debt recovery.

Keywords
Recommended Articles
Original Article
Design and Implementation of Intelligent Autonomous Agents for Data Validation, Orchestration, and Cost Optimization
Original Article
Clinicobiochemical and Metabolic Associations of Polycystic Ovary Syndrome with Dermatological Manifestations and Renal Function Alteration among Reproductive-Age Women
...
Original Article
Industry 4.0 Adoption in MSMEs: Economic Performance, Capability Gaps, and Policy Implications
Original Article
Intellectual Capital Disclosure and Value Relevance of Indian Firms: An Empirical Study
...
Loading Image...
Volume 2, Issue 2
Citations
1069 Views
4353 Downloads
Share this article
© Copyright Advances in Consumer Research