#Section 13(4)

The Madhya Pradesh High Court has ruled that Collectors have no authority to override a secured creditor’s possession action under Section 13(4) of the SARFAESI Act, reinforcing that borrowers’ only recourse lies before the Debt Recovery Tribunal. This clarifies a key jurisdictional boundary, preventing administrative interference in bank-led recovery processes and strengthening creditor autonomy under the Act.

The Supreme Court ruled that once a new legislation replaces an old Act, any changes in posting for waitlisted candidates under the repealed Act’s provisions are legally invalid. This decision clarifies the limits of statutory savings clauses and protects the rights of waitlisted appointees under transitional legal frameworks.