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      Question

      Under Section 15(1) of the SARFAESI Act, when the

      management of the business of a borrower is taken over by a secured creditor, the secured creditor appoints directors/administrators by publishing a notice in newspapers. In which combination of newspapers must such a notice be published?
      A In a newspaper published in English and in a newspaper published in an Indian language in circulation at the place where the principal office of the borrower is situated Correct Answer Incorrect Answer
      B In two English-language national dailies Correct Answer Incorrect Answer
      C In the Official Gazette of India only Correct Answer Incorrect Answer
      D In any two newspapers as the secured creditor may choose Correct Answer Incorrect Answer
      E In the Official Gazette and one English newspaper Correct Answer Incorrect Answer

      Solution

      Section 15(1) mandates a two-newspaper publication requirement for the takeover of management notice: the secured creditor must publish the notice of appointment of directors/administrators in (i) a newspaper published in English language AND (ii) a newspaper published in an Indian language, both of which are in circulation at the place where the principal office of the borrower is situated. This bilingual publication requirement ensures that the notice reaches a wider audience and provides effective public notice in the regional language as well. This is a mandatory procedural requirement, and failure to comply with the prescribed form of notice could potentially vitiate the entire management takeover action.

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