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BankingLegal Dictionary

Subrogation

Indian Contract Act, 1872 — Section 140

Definition

The substitution of one creditor for another, allowing the substituted creditor to take over the original creditor's rights against the debtor. In banking, when an ARC purchases NPAs from a bank, it is subrogated to the bank's rights against the borrower. Similarly, if a guarantor pays the bank's dues, the guarantor is subrogated to the bank's rights against the principal borrower.

Related Terms
Guarantor
A person who gives a guarantee to repay a debt if the principal borrower defaults. In banking, perso
Security Interest
A right, title, or interest of any kind upon property created in favour of a secured creditor as a s
ARC
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Need Expert Advice on Subrogation?

For specific advice on how Subrogation applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.

Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates

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