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