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Section 26C: Effect of the registration of transactions, etc.

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002Central Act · Act 54 of 2002

[26C. Effect of the registration of transactions, etc.--(1) Without prejudice to the provisions contained in any other law, for the time being in force, any registration of transactions of creation, modification or satisfaction of security interest by a secured creditor or other creditor or filing of attachment orders under this Chapter shall be deemed to constitute a public notice from the date and time of filing of particulars of such transaction with the Central Registry for creation, modification or satisfaction of such security interest or attachment order, as the case may be.

(2) Where security interest or attachment order upon any property in favour of the secured creditor or any other creditor are filed for the purpose of registration under the provisions of Chapter IV and this Chapter, the claim of such secured creditor or other creditor holding attachment order shall have priority over any subsequent security interest created upon such property and any transfer by way of sale, lease or assignment or licence of such property or attachment order subsequent to such registration, shall be subject to such claim:

Provided that nothing contained in this sub-section shall apply to transactions carried on by the borrower in the ordinary course of business.]

Where this provision sits

ActThe Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
Section26C
Marginal noteEffect of the registration of transactions, etc.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. . Ins. by s. 18, ibid. (w.e.f. 24-1-2020).

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