Whether section 8 of Arbitration Act 1996 prevails over SARFAESI Act 2002
Whether section 8 of Arbitration Act 1996 prevails over SARFAESI Act 2002? No. SARFAESI Act being a special enactment would prevail over Arbitration Act. Says Hon'ble SC. Instant Case: Indiabulls Housing Finance Ltd vs M/s. Deccan Chronicle Holdings Limited The Facts and ratio laid down in M.D. Frozen Foods Exports Pvt. Ltd. & Ors. v. Hero Fincorp Ltd. by Hon’ble SC earlier squarely matches the instant case. Having regard to the aforesaid facts in M.D. Frozen Foods, the Court formulated following three questions which had arisen for consideration: “A. Whether the arbitration proceedings initiated by the respondent can be carried on along with the SARFAESI proceedings simultaneously? B. Whether resort can be had to Section 13 of the SARFAESI Act in respect of debts which have arisen out of a loan agreement/mortgage created prior to the application of the SARFAESI Act to the respondent? C. A linked question to question (ii), whether the lender can invoke the SARFAESI...