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The Loopholes

  • The BIFR escape route still remains open for companies unwilling to cough up their dues

  • Cases under the Debt Recovery Tribunal Act, 1993, will not come under the purview of the new act

  • Lenders could be deterred by the fact that they will be subject to SEBI's Takeover Code

  • The 'right of appeal' given to 'any aggrieved party' under the act could be misused by borrowers

  • Lenders lack the wherewithal to maintain and run the assets taken over. That will in the long run erode the value of these assets.
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