Bombay High Court: SARFAESI Act Status Does Not Bar Invocation of Arbitration | Sammat India Case Studies

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Bombay High Court: SARFAESI Act Status Does Not Bar Invocation of Arbitration

The Bombay High Court addressed whether a financial institution’s status under the SARFAESI Act bars the invocation of arbitration.

Ruling

The Court held that the existence of remedies under the SARFAESI Act does not operate as a bar to arbitration. The two are not mutually exclusive — a financial institution may choose to pursue arbitration as an alternative or additional remedy, provided the arbitration agreement is valid.