Question
Section 32 of the SARFAESI Act provides protection to
persons acting in good faith. Which of the following correctly states the scope of this protection?Solution
Section 32 provides a good-faith protection clause: 'No suit, prosecution or other legal proceeding shall lie against the Central Government, the Reserve Bank, the Central Registrar or any officer of the Central Registry for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or regulations made thereunder or any order, direction, guidelines or instruction issued under this Act.' This immunity covers governmental and regulatory actors but does NOT extend to the secured creditor/bank itself - which remains accountable to the DRT under Section 17 and to compensate the borrower under Section 19. Good-faith immunity protects executive action but does not shield commercial banks from remedial proceedings.
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