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Symbolic vs Physical Possession under SARFAESI
A borrower who finds a possession notice pasted on the door of a mortgaged property, along with a newspaper advertisement stating that the bank has taken possession, has usually no
Limitation Periods for DRT and SARFAESI Actions
The DRT limitation period can decide a debt recovery dispute before the merits of the claim are even examined. A claim may fail if it is filed after the applicable limitation perio
SARFAESI Section 13(2) and 13(4) notice: a borrower’s options
Two stages define the enforcement process under the SARFAESI Act, 2002: the Section 13(2) SARFAESI notice and the measures taken under Section 13(4). They serve different purposes,
Pre-Deposit for a DRAT Appeal Explained
For a borrower who has lost before the Debts Recovery Tribunal (DRT), filing an appeal is not just about preparing grounds and meeting the limitation period. A DRT appeal requires
How to stop a bank auction under SARFAESI
By the time a borrower sees an auction notice for a mortgaged property, the enforcement process is already well advanced. The account has been classified as a non-performing asset,
How to File a Section 17 Application Under the SARFAESI Act Before the DRT
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) changes the traditional approach to debt recovery. A secured
The Interplay Between Limitation, SARFAESI Act, and IBC: A Critical Analysis
Introduction The realm of insolvency and bankruptcy law in India has witnessed significant developments since the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016.
NPA and SARFAESI Act 2002: Bank NPA Resolution Framework
Introduction The Indian banking sector, once hailed as a pillar of the country’s economic growth, is currently grappling with a severe crisis. The surge in non-performing ass
Limited Scope of DRT Review in SARFAESI Proceedings: Analysis of DRAT Chennai Ruling
In a significant judgment that clarifies the scope of DRT review in SARFAESI Proceedings, the Debt Recovery Appellate Tribunal (DRAT) in Chennai has outlined the constraints within
DRAT Allahabad’s Judgment on State Bank of India Vs. Kush Kumar Verma and Anr.: Adherence to Procedural Norms – A Deep Dive
Introduction In a landmark judgment by the Debts Recovery Appellate Tribunal (DRAT) in Allahabad, presided over by Justice R.D. Khare, the case of State Bank of India vs. Kush Kuma
