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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,
DRT Original Application (OA): Meaning, Process and How to Defend It
When a bank seeks to recover a debt, it does not file a plaint before the ordinary civil court. Instead, it files an Original Application (OA) before the Debts Recovery Tribunal (D
DRT vs civil court for debt recovery: which forum applies
Not every unpaid debt is filed in the same forum. Understanding DRT vs Civil Court is essential when deciding where to initiate debt recovery proceedings in India. The Debts Recove
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
Personal Guarantor Insolvency under the IBC: What to Expect
Promoters and directors often provide personal guarantees for company loans to secure financing from creditors. Earlier, if the company defaulted, creditors generally had to pursue
Understanding Debt Recovery in India: Key Laws, Processes and Enforcement Tools
Introduction to Debt Recovery Mechanisms in India The Indian banking sector faced unprecedented challenges in the 1990s when non-performing assets escalated dramatically, threateni
SARFAESI Act 2002: Legal Framework for Enforcement of Security Interest
Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) stands as a landmark legislation in India’
