Articles

— LEGAL INSIGHTS

SARFAESI & DRT Knowledge Base

Uncategorized

WHAT IS THE TIME PERIOD WITHIN WHICH A BANK CAN TAKE MEASURES UNDER SARFAESI ACT:-

The SARFAESI Act, 2002 does not prescribe any time limit for the Bank to initiate recovery action against defaulting borrowers…

Uncategorized

WHAT ARE THE RIGHTS OF TENANTS WHEN THE IMMOVABLE PROPERTY IS MORTGAGED WITH THE BANK?

It is often seen that property owners let out their residential or commercial property on rent and the tenant resides…

Uncategorized

Understanding Section 13(5A) of the SARFAESI Act: Constitutional Validity and Judicial Perspective

An analytical overview of Section 13(5A) of the SARFAESI Act, 2002, examining its constitutional validity and judicial interpretation in Roger…

Uncategorized

Section 14 SARFAESI and the Problem of Lost Possession: Can Authorities Step Back In?

Under the SARFAESI Act, once a secured creditor follows the process and takes physical possession of a secured asset with…

Uncategorized

SARFAESI Auctions and Procedural Lapses: Where Borrowers Find Relief

In SARFAESI matters, borrowers often assume that once an auction is conducted, the outcome is final. A recent order of…

Uncategorized

SARFAESI and Loan Recovery Laws

Raising Challenge to Recovery Drawn under SARFAESI Act, 2002 by filing Securitization Application (S.A.) on behalf of borrowers in Debts…

Uncategorized

Equity of Redemption Under SARFAESI: Scope, Limits, and Recent Judicial Clarifications

I. Introduction The concept of equity of redemption lies at the heart of mortgage law. It represents the borrower’s right…

Uncategorized

SECTION 14 SARFAESI: WHEN PROCEDURE BEGINS TO OVERRIDE PURPOSE

The SARFAESI Act, 2002 was enacted with a clear objective to enable banks and financial institutions to enforce security interests…

Uncategorized

PROCEEDING AGAINST THE GUARANTOR UNDER THE SARFAESI ACT: LEGAL POSITION IN INDIA

Can a bank proceed against a guarantor before the principal borrower under the SARFAESI Act? INTRODUCTION In banking recovery litigation,…

Uncategorized

Notice and opportunity of hearing before classifying a loan account as a Non Performing Asset.

The issue of providing notice and opportunity of hearing before classifying a loan Account as a Non Performing Asset is…

Uncategorized

RIGHT OF BORROWER TO RAISE OBJECTION TO DEMAND NOTICE ISSUED BY BANK

Borrowers have a right of raising objection to the demand notice which is sent by the bank under Section 13(3A)…

Uncategorized

SARFAESI Act Section 13(2) Demand Notice: 10 Legal Points to Check Before Responding

The law makes it necessary for the bank to provide the details of amount payable by the borrower as well…

Uncategorized

ONE TIME SETTLEMENT (OTS) AND RESTRUCTURING OF LOAN  

It is not unusual for borrowers to break payment of few EMIs due to temporary financial crunch, but loan accounts…