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      Question

      Section 31 of the SARFAESI Act carves out several

      categories of assets/cases to which the Act does NOT apply. Which of the following is expressly excluded under Section 31?
      A Mortgage of residential property Correct Answer Incorrect Answer
      B Hypothecation of commercial vehicles Correct Answer Incorrect Answer
      C Assignment of book debts by a company Correct Answer Incorrect Answer
      D Security interest created in agricultural land Correct Answer Incorrect Answer
      E Charge on intellectual property rights Correct Answer Incorrect Answer

      Solution

      Section 31(i) expressly excludes security interest created in agricultural land from the purview of the SARFAESI Act. The full list of exclusions under Section 31 includes: lien on goods/money/security under the Indian Contract Act or Sale of Goods Act; pledge of movables under Section 172 of the Contract Act; security created in aircraft; security in vessels; rights of unpaid seller; properties exempt from attachment under CPC; security interest for financial assets not exceeding Rs.1 lakh; security interest in agricultural land; and cases where amount due is less than 20% of the principal and interest. Agricultural land exclusion is the most commonly examined exclusion in banking law.

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