Which Section of the SARFAESI Act provides that a

Solution

Section 13(1) of the SARFAESI Act, 2002 is the foundational provision which states that, 'Notwithstanding anything contained in Section 69 or Section 69A of the Transfer of Property Act, 1882, any security interest created in favour of any secured creditor may be enforced, without the intervention of court or tribunal, by such creditor in accordance with the provisions of this Act.' This is the key overriding provision that empowers banks to bypass civil courts for enforcement. Sections 69 and 69A of the Transfer of Property Act relate to the mortgagee's power of sale. Section 35 of SARFAESI provides general overriding effect over other laws.