📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

  • google app store apple app store
  • ✖

      Question

      Section 13(5) of the SARFAESI Act deals with the

      situation where any person who has acquired secured assets from the borrower makes payment to the secured creditor pursuant to a notice under Section 13(4)(d). What is the legal effect of such payment on the person making it?
      A The person becomes jointly and severally liable with the borrower for remaining dues Correct Answer Incorrect Answer
      B The payment creates a lien on the secured asset in favour of the person Correct Answer Incorrect Answer
      C Such payment gives the person a valid discharge as if he had made payment to the borrower Correct Answer Incorrect Answer
      D The payment is credited to a suspense account pending verification by the secured creditor Correct Answer Incorrect Answer
      E The person is subrogated to the position of the secured creditor against the borrower Correct Answer Incorrect Answer

      Solution

      Section 13(5) provides that any payment made by any person referred to in clause (d) of Section 13(4) to the secured creditor shall give such person a valid discharge as if he had made payment to the borrower. Section 13(4)(d) empowers the secured creditor to require any person who has acquired secured assets from the borrower, and from whom money is due or may become due to the borrower, to pay the secured creditor so much of that money as is sufficient to pay the secured debt. The valid discharge provision protects the third-party payer from being made to pay twice - once to the secured creditor and once to the borrower. This is a key debtor-protection provision in enforcement proceedings.

      Practice Next
      ask-question