Section 2: Definitions

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2002

Legal Commentary & Landmark Judgments: Section 2

Section 2 provides the statutory definitions of secured creditor, financial asset, non-performing asset (NPA), and security interest that govern the invocation of SARFAESI powers.

  • Penal Consequences & Liability: Section 2(1)(zd) defines 'secured creditor' to include banks, financial institutions, debenture trustees, and asset reconstruction companies.
  • Operational Penal Consequences & Liability: Section 2(1)(o) defines 'non-performing asset' (NPA) based on RBI prudential guidelines regarding overdue interest or principal.

Section 2(1)(zf) defines 'security interest' broadly as any right, title, or interest created in property (mortgage, charge, hypothecation, assignment) securing payment, but excluding pledges and statutory liens under Section 31.

Key Landmark Precedents:
  • Mardia Chemicals Ltd. v. Union of India (2004) 4 SCC 311: The Supreme Court upheld the constitutional validity of SARFAESI Act and the classification of NPA under Section 2(1)(o), holding that classification based on objective RBI regulatory guidelines prevents arbitrary bank action.
  • Keshavlal Khemchand & Sons Pvt. Ltd. v. Union of India (2015) 4 SCC 770: Upheld the 2004 amendment to Section 2(1)(o) allowing regulators other than RBI to classify NPAs, rejecting challenges of unguided legislative delegation.
Legal Commentary:

Section 2 establishes the statutory foundation for non-adjudicatory debt enforcement. Proper classification as an NPA under Section 2(1)(o) is the jurisdictional prerequisite without which all subsequent coercive enforcement actions under Section 13 are null and void.