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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,
Limitation Periods in Mortgage Enforcement Under the SARFAESI Act, 2002: A Comprehensive Legal Analysis
Introduction The intersection of Limitation Periods in Mortgage Enforcement with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
Non-Banking Financial Companies under the SARFAESI Act: Legal Framework and Enforcement Mechanisms
Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) represents a pivotal transformation in I
Recovery of Debts Under SARFAESI Act
Introduction The Indian banking and financial services sector has been instrumental in driving economic growth and facilitating capital formation across various sectors of the econ
Interface Between SARFAESI Act and IBC: A Legal Analysis
Introduction The Indian financial landscape underwent a transformative shift with the introduction of the Insolvency and Bankruptcy Code, 2016. This legislation emerged as a respon
Interface Between SARFAESI Act and IBC: Legal Framework and Judicial Interpretation
Introduction The landscape of debt recovery and insolvency resolution in India underwent a paradigmatic transformation with the introduction of the Insolvency and Bankruptcy Code,
