Section 9: Measures for asset reconstruction

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 9

Section 9 enumerates the statutory measures an Asset Reconstruction Company may take for the purpose of asset reconstruction and bad-debt resolution.

  • Measures for Asset Reconstruction: Section 9 empowers Asset Reconstruction Companies (ARCs) to formulate and implement specialized measures for asset reconstruction, including debt rescheduling and management takeover.
  • RBI Prudential Guidelines: The ARC must execute these measures in strict accordance with prudential norms, directions, and guidelines issued by the Reserve Bank of India from time to time.
Key Landmark Precedents:
  • Pegasus Assets Reconstruction P. Ltd. v. Haryana Concast Ltd. (2016) 4 SCC 47: Held that the powers of ARCs under SARFAESI Act, including Section 9 and 13, are comprehensive and complete, operating independently of the Companies Act or Official Liquidator supervision.
Legal Commentary:

Section 9 provides ARCs with wide corporate turnaround and debt restructuring tools. Beyond mere liquidation or asset auction, it empowers ARCs to rehabilitate viable underlying businesses through management changes and debt rescheduling.