P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Majestic Hotels Limited v. IFCI Ltd. and Ors. - (High Court of Punjab and Haryana) (04 Aug 2015)

Assignment is a transaction independent of sale of secured asset

MANU/PH/2188/2015

Banking

The assignment of debt by a secured creditor is an independent transaction, which does not affect either the liability or the rights of the borrower. In a petition against transfer of debt by the secured creditor, the Court held it to be a separate issue to the challenge of notice of sale of property. It added that the transfer of debt was a commercial decision of the secured creditor and the borrower could not have any say in the same.

Relevant : Section 13 SARFAESI, 2002 Act ICICI Bank Limited vs. Official Liquidator of APS Star Industries Ltd. and Ors. MANU/SC/0782/2010

Tags : SECURITY   ASSIGNMENT   SECURED CREDITOR   TRANSFER OF DEBT  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved