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
“A Study On Reputation Management During Crisis Using Social Media In India”
...
Original Article
A Study of Factors Having Impact on Impulse Buying Behavior for Toys - With Special Reference to Children Aged Between 2 to 15 Years in Indore City
...
Original Article
The Role of Subtle Interface Manipulations and Dark Patterns in Shaping Consumer Judgement: A Study of Perception, Recognition, and Subsequent Responses
...
Original Article
The Role of Leadership in Enhancing Healthcare Quality and Patient Safety
...
Loading Image...
Volume 2, Issue 2
Citations
438 Views
934 Downloads
Share this article
© Copyright Advances in Consumer Research