Legal Blog: SARFAESI Act - Scope of S. 17 : Supreme Court Explains

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Wednesday, February 9, 2011

SARFAESI Act - Scope of S. 17 : Supreme Court Explains

Justice D K Jain
The Supreme Court in Kanaiyalal Lalchand Sachdev & Ors. v. State of Maharashtra & Ors. has examined the scope of S. 17 vis-a-vis S. 13 & 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act ("SARFAESI Act"). The Supreme  Court, while dealing with the relevant provisions of the statute, have held as under;

16. Section 13 of the Act deals with enforcement of security interest, providing that notwithstanding anything contained in Sections 69 or 69A of the Transfer of Property Act, 1882, any security interest created in favour of any secured creditor may be enforced, without the court's intervention, by such creditor in accordance with the provisions of the Act. Section 13(2) of the Act provides that when a borrower, who is under a liability to a secured creditor, makes any default in repayment of secured debt, and his account in respect of such debt is classified as non- performing asset, then the secured creditor may require the borrower, by notice in writing, to discharge his liabilities within sixty days from the date of the notice, failing which the secured creditor shall be entitled to exercise all or any of the rights given in Section 13(4) of the Act. Section 13(3) of the Act provides that the notice under Section 13(2) of the Act shall give details of the amount payable by the borrower as also the details of the secured assets intended to be enforced by the bank. Section 13(3-A) of the Act was inserted by Act 30 of 2004 after the decision of this Court in Mardia Chemicals (supra), and provides for a last opportunity for the borrower to make a representation to the secured creditor against the classification of his account as a non-performing asset. The secured creditor is required to consider the representation of the borrowers, and if the secured creditor comes to the conclusion that the representation is not tenable or acceptable, then he must communicate, within one week of the receipt of the communication by the borrower, the reasons for rejecting the same. Section 13(4) of the Act provides that if the borrower fails to discharge his liability within the period specified in Section 13(2), then the secured creditor, may take recourse to any of the following actions, to recover his debt, namely- 

"(a) take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset;

(b) take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset:

Provided that the right to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt: Provided further that where the management of whole, of the business or part of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security for the debt; 

(c) appoint any person (hereafter referred to as the manager), to manage the secured assets the possession of which has been taken over by the secured creditor;

(d) require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much of the money as is sufficient to pay the secured debt."

Section 14 of the Act provides that the secured creditor can file an application before the Chief Metropolitan Magistrate or the District Magistrate, within whose jurisdiction, the secured asset or other documents relating thereto are found for taking possession thereof. If any such request is made, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, is obliged to take possession of such asset or document and forward the same to the secured creditor. (See: United Bank of India Vs. Satyawati Tondon & Ors.). Therefore, it follows that a secured creditor may, in order to enforce his rights under Section 13(4), in particular Section 13(4)(a), may take recourse to Section 14 of the Act.

17. Section 17 of the Act which provides for an appeal to the DRT, reads as follows:

"17. Right to appeal.--(1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of Section 13 taken by the secured creditor or his authorised officer under this Chapter, may make an application along with such fee, as may be prescribed to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken:

Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.

Explanation.--For the removal of doubts it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts Recovery Tribunal under sub-section (1) of Section 17. (2) The Debts Recovery Tribunal shall consider whether any of the measures referred to in sub-section (4) of Section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this Act and the rules made thereunder."

18.The 2002 Rules, enacted under sub-section (1) and clause (b) of sub- section (2) of Section 38 read with sub-sections (4), (10) and (12) of Section 13 of the Act, set down the procedure for enforcing a security interest. Rule 4 of the 2002 Rules deals with the possession of movable assets, whereas Rule 8 deals with the possession of immoveable assets. It is manifest that Rule 4 has no application to the facts of the instant case, as contended by the learned counsel for the State.

19. In Authorised Officer, Indian Overseas Bank & Anr. Vs. Ashok Saw Mill, the main question which fell for determination was whether the DRT would have jurisdiction to consider and adjudicate post Section 13(4) events or whether its scope in terms of Section 17 of the Act will be confined to the stage contemplated under Section 13(4) of the Act? On an examination of the provisions contained in Chapter III of the Act, in particular Sections 13 and 17, this Court, held as under :

"35. In order to prevent misuse of such wide powers and to prevent prejudice being caused to a borrower on account of an error on the part of the banks or financial institutions, certain checks and balances have been introduced in Section 17 which allow any person, including the borrower, aggrieved by any of the measures referred to in sub-section (4) of Section 13 taken by the secured creditor, to make an application to the DRT having jurisdiction in the matter within 45 days from the date of such measures having taken for the reliefs indicated in sub- section (3) thereof.

36. The intention of the legislature is, therefore, clear that while the banks and financial institutions have been vested with stringent powers for recovery of their dues, safeguards have also been provided for rectifying any error or wrongful use of such powers by vesting the DRT with authority after conducting an adjudication into the matter to declare any such action invalid and also to restore possession even though possession may have been made over to the transferee.

39. We are unable to agree with or accept the submissions made on behalf of the appellants that the DRT had no jurisdiction to interfere with the action taken by the secured creditor after the stage contemplated under Section 13(4) of the Act. On the other hand, the law is otherwise and it contemplates that the action taken by a secured creditor in terms of Section 13(4) is open to scrutiny and cannot only be set aside but even the status quo ante can be restored by the DRT."

(Emphasis supplied by us)

20.We are in respectful agreement with the above enunciation of law on the point. It is manifest that an action under Section 14 of the Act constitutes an action taken after the stage of Section 13(4), and therefore, the same would fall within the ambit of Section 17(1) of the Act. Thus, the Act itself contemplates an efficacious remedy for the borrower or any person affected by an action under Section 13(4) of the Act, by providing for an appeal before the DRT.

21. In our opinion, therefore, the High Court rightly dismissed the petition on the ground that an efficacious remedy was available to the appellants under Section 17 of the Act. It is well-settled that ordinarily relief under Articles 226/227 of the Constitution of India is not available if an efficacious alternative remedy is available to any aggrieved person. (See: Sadhana Lodh Vs. National Insurance Co. Ltd. & Anr.; Surya Dev Rai Vs. Ram Chander Rai & Ors.; State Bank of India Vs. Allied Chemical Laboratories & Anr.). In City and Industrial Development Corporation Vs. Dosu Aardeshir Bhiwandiwala & Ors., this Court had observed that:

"The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:

(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;

(b) the petition reveals all material facts;

(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;

(d) person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) ex facie barred by any laws of limitation;

(f) grant of relief is against public policy or barred by any valid law; and host of other factors.

133 comments:

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  2. RESPECTED SIR,
    UNDER SEC 17 OF SARFASI ACT BETTER TO RECOVER MONEY FROM BORRORER IF HE FAILS TO BE PAY AMOUNT, II ND STEP ATTACH HIS PROPERTY AND REGISTER IN LOCAL REGISTER OFFICE, THEN ONLY BORRERER TO UNABLE TO SELL DEPOSIT OF TITLE DEED POPERTY,(ie., AGRICULTURAL LAND) MY CASE AFTER DEPOSIT OF TITLE DEED PARTY CONVERT LAND INTO PLOTS. I PURCHASE 1 PLOT OUT OF 102 PLOT AND I GOT HOUSING LOAN IN SAME BANK THE BANKERS VERIFIED ALL DOCUMENT BY THE BANKER'S PANEL ADVOCATE AND GAVE LEGAL OPNION, AND I REPAID ALL AMOUNT IN PROMENTLY AND AFTER TWO YEARS BANKERS TOOK POSSESSION ABOVE PROPERTY STATING THAT ONE OF THE KAMAKSHI CONSTRUCTION TOOK LOAN FROM INDIAN BANK (DEPOSIT OF VARIOUS PROPERTY)AMOUNG VARIOUS PROPERTY 102 PLOTS HE FAILS TO REPAY THE AMOUNT ,SO THEY TOOK POSSESSION, WE ARE BONFIDE PURCHASER PLOT, IN MY CASE I AM 4TH PARTY SIR,WE FILED CASE IN DRT AGAINT INDIAN BANK THE CASE WAS DEGREE, NOW WE FILED CASE IN DRAT,ON SEPT SO FAR BANKERS GAVE REPLY WHETHER CAN FILE HIGH COURT. IN WANT WAY WE ARE LIABLE TO PAY AMOUNT. (DEPOSIT OF TITLE DEED NOT REGISTERED) AFTER ATTACHMENT THEY REGISTERED IN LOCAL REGISTERED OFFICE. WHILE PURCHASE PLOT WE ARE NOT ABLE TO GO EACH AND EVERY BANK YOU GAVE ANY LOAN TO THIS PORERTY IT IS IMPOSSIBLE. THE PERSON CANNOT GIVE ORIGNAL DOCUMENT EACH AND EVERY PERSON. SIR KINDLY HELP WANT CAN I DO. NOT ONLY ME MOST OF THE PERSON GOT LOAN FROM VARIOUS BANK, ie., SBI, Corpn Bank, Central bank of india etc., (IN WHAT WAY INDIAN LAW SAFE THE PUBLIC INTEREST

    ReplyDelete
    Replies
    1. If same Bank, there seems to be connivance and negligence on the part of bank also.

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    2. Dear Sir,

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  3. Bank filed O.A. before O.A. alleging that few lakhs of rupees is due and payable from the borrower. Borrower appeared before D.R.T. and contended that the very O.A. is barred by limitation in as much as the revival letters produced by the bank before the D.R.T. are forged and fabricated documents and filed an application to send the disputed revival letters to an expert and on the said application, report from the forensic expert is awaited. But in order to frustrate the rights of the borrower, bank had issued notice under section 13(2) and is hastely proceeding to take delivery of the secured asset which worth crores of rupees. Whether the attempt of the bank is legally permissible? What is the remedy available for the borrower to save his immovable property. Whether the bank is not expected to get the report of the expert to see whether the revival letters are genuine or not? Please give my some piece of advice.

    ReplyDelete
    Replies
    1. You are not disputing the loan and hence admitting liability.

      Bank has right under SARFAESI Act only if account is NPA.

      You have remedy only now on quick action which is lighter than late action.

      Instead of indulging into technicalities concentrate on material issues.

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  4. There is a provision under the RDDB Act that if any bank or financial institution whihc has filed an OA against the borrower under the RDDB Act wants to pursue remedy/enforce its secured assets under section 13 of the SARFAESI Act, it has to make an application and obtain permission from the DRT.

    ReplyDelete
    Replies
    1. Dear Sir, No permission of DRT required but only intimation is to be given in writing to DRT to avoid simultaneous recovery proceeding .

      Delete
  5. A cash credit loan was sanctioned to an Private Limited Company. The stock statement is required at the end of each month. In an inspection by the bank the stock becomes 7 times less than the cash credit loan amount. The bank declare the account as NPA.Moreover all interest were paid upto date not even that of single month was due.

    ReplyDelete
  6. The bank launched proceedings under the Sarfaesi Act pending proceedings with DRT fraudulently obtains degree from DRT, degree is recalled, bank offers compromise,compromise is accepted,but intervening comes out with broder scheme which stipulates entertainment of such cases where compromise is not completed,but refuses to entertain us on flimsical grounds, the party subject to decission as to why it should not be considered under the broder schememakes 100% payment still the bank is not releasing title deeds or granting NOC. In such cases what would be the appropriate forum

    ReplyDelete
  7. I have received a notice under section 13{2} sarfaresi act from bank now I want to make the payment but need time for which bank did not agree and classified my a/c as NPA and sent me this notice. Now is there a way legally that i can delay the bank proccedings to enable me to gain time till funds arrangments are made by me.

    ReplyDelete
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    2. You have to keep writing replies to their Notices, inter-alia stating the gross violation of the guidelines of the RBI. If the same fails, file a Writ Petition, making RBI as a Party.

      Delete
  8. @Bittu

    You can approach the DRT with an application under S. 17 and pray for a stay of proceedings in the matter. That will buy you some time to pay the dues of the bank

    ReplyDelete
  9. Sir,

    I am a borrower (properitory firm) of nationalised bank. DRT proceeded under Sarfaesi to recover dues of 19 crore and realised 15 crore thro collateral property. Now i am pauper. I have no money. They have attached my rental premises for which i am paying rent. Is it correct and as per law that lease hold rights be attached? I have no means to run my show except this rented property. Under Sarfeasi it is not attachable. But under RDDB they have enforced lease hold rights also. Please clarify is it correct?

    ReplyDelete
  10. Sir, As per title deed the mortgaged property situated in District Ludhiana and is an agricultural Land but at the spot owner construct a factory without obtaining the change of land use from competent authority, can bank take possession of the property under SARFAESI Act or not if not why. Kindly explain the same and oblige.

    ReplyDelete
  11. kya ek gareeb ko jeene ka hak nahin hai paise wala galat ho to bhi kanoon usi ka sath deta hai.

    ReplyDelete
  12. I am a regd. owner of a property in Mohali ( punjab) and bought it in 2010 after verifying revenue records specially reg. mortgage/ lien on the property. I checked the FARD for the last 30 years from the Tehsil office. After more than a year, three banks one after another, i.e.SBI (2 branches) and OBC claimed mortgage over it and issued notice u/s 13(4) under SARFAESI Act against alleged borrowers. I never took loan from any of these banks. I approached DRT and have been granted stay as in interim measure. The original title deeds of the property and the valid/ complete documents of loan granted by the banks have not been produced by the banks. On the contrary the SBI has regd. FIR against the borrowers and others and taken disciplinary action against its officers for fraud/ misconduct etc. Cd u pl advice whether the banks can take action under SAREFAESI against a non-borrower/ third party who is a bonafide purchaser of the property and also in view3 of the fact that there is no record of any lien/ mortgage on the said property of any bank.

    ReplyDelete
  13. Whether chain of documents are available with you.If you have purchased property without chain of documents and without publication of notice in the news papers about the title of documents, you may not get better title. Equitable mortgage is nothing but deposit of title deeds. MOD is also not required to be registered in all states.

    ReplyDelete
  14. I purchased a flat from a housing society and got lease deed executed with authority, I am the registered owner of the flat. and have been living in the flat from last 7 years. Recently I found a notice pasted on the outter wall of my flat that the pocession is being taken by one DHFL housing vyasa under 13(4) of sarfesai act. and it was in the name of some person. I took some time to understand the act ata laymans level and approached the bank and they refused to divulge any information regarding what they have to prove their mortgage. I even sent a notice to them not to harass me as i am the bonafide owner of the flat. A note has to be taken that Builders and housing societies sell their flats based on allotement letters and pocession letter totaly controlled by them and banks do give out loans based on those documents with understanding that once the leease deed is available it has to be deposited to them. I am baffled by all this , what are my remedies and what should be done. as it looks under SARFESAI bank has wider powers and they can ignore me to take actions.

    ReplyDelete
    Replies
    1. can i connect with you as my grief also same and caused by DHFL....it is doing fraud by claiming a loan when there is none. Also please let us find out how many other people this same company DHFL is causing this fraud on by claiming false equitable mortgages by deposit of title documents, in collusion with their alleged borrower i.e. prior seller. Jay rent2br@gmail.com

      Delete
  15. Thanks ravi for your precious input. You are right.mortgage banker

    ReplyDelete
  16. I am the borrower. and Bank issued notice u/s 13(2) of SARFAESI act. and after that they appointed our ptomoter as a custodian agent. and after auction custodian ship was withdrawn. can anyone please suggest me that whether this notice issued u/s 13(2) is challenged? and on what ground?

    ReplyDelete
  17. I have purchased a house ,after taking a FARD from the revenue Patwari,which showed the Title with the seller with entry of Intqal.The title was Changed in Favor,after the Registry by registrar of Concerned Area. But after 3 years bank Pasted a notice for recovery ,saying that the 1st owner have taken Home loan 10 years ago.The seller was also the owner of this property & title of ownership was in his name in the Revenue record.with registry & Intkal of the property.
    Now I have approached the Civil court against the SBI Kindly Advise me.
    Dr Balbir Singh
    balbir52@rediffmail.com
    Ludhiana,Punjab

    ReplyDelete
  18. Hello Sir,
    I am enjoying several loans from nationalized bank. Recently i have suffered some losses in business. Due to which i couldn't repay the loan and my account became NPA. I received a notice under securitization Act 13(2) to repay all the dues. We informed bank that we are ready to pay your dues by selling our property which have been equitable mortgage in bank.
    Thereafter we started searching a customer for my property. Recently, i got one customer who is ready to purchase my property. We informed this to the bank in written. The purchaser gave us the token amount and was ready to pay the rest of the amount in our loan accounts after the inspection of original title deeds from the bank. We had gone for the inspection of title deeds but bank said us in written that it is not traceable. My question is, we were ready to pay the dues. But bank failed for inspection of my original title deeds.Will bank go forward for securitization act 13(4).? will bank will charge more n more interest till the documents are not traceable. My purchaser is not accepting true copy from bank and their indemnity bond..
    what step should i take? i dont want bank to come at my office and seal the property. please suggest. can i claim any compensation against this?

    ReplyDelete
    Replies
    1. Constructive mediation is the only solution.

      You have mentioned that you are not disputing the amount demanded by the bank.

      You are afraid of your premises being locked (possessed) by the bank.

      You have not mentioned whether you deposited the token amount with bank or not.

      There seems to be certain weaknesses in Bank's action. Professional guidance and paid indulgence can be provided. LawZone; M: 9810195156; jkgfca@gmail.com;

      Kindly list your preferences. Only most important first. Rest be compromised.

      Delete
  19. I have booked a flat in a large project and after paying 20% of consideration value, got the sale agreement registerd after paying stamp duty. However, the developer has taken loan from Bank and consequently defaulted on repayment. Now the bank has initiatted auction underr SARFAESI Act. Now bank is not confirming that my flat is there in the "known liability list" How to ensure my flat is there in known liability list and if not what are the remedial measures to protect my intrests?

    ReplyDelete
    Replies
    1. Either the Mortgage to bank or Sale Agreement is prior and the other is invalid.

      You have claim against the developer and bank also has claim against developer.

      Auction Sale proceeds of land can not be solely kept / utilized by Bank.

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  21. We are a Public Financial Institution, we provides housing loans to individual borrowers. In one of the case, we have issued recall notice in 2009 and also issued notice u/s 13(2) of SARFAESI Act in 2009. Thereafter no action has been taken by us because borrower is paying some amount on monthly basis. Our problem is, how to treat this account?? A recall case or normal case because so much time has been expired.

    ReplyDelete
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    ReplyDelete
  23. Dear Sir,
    I am the borrower from bank and now bank given act 13(2) at present sale auction also issued with stating that 30 days time. In this connection there is possible to get stay order against sale auction. Kindly inform regarding this manner.
    Yours
    Rajesh

    ReplyDelete
    Replies
    1. Information provided is incomplete. Please furnish a) Date of Notice under Section 13(2) of SRFAESI Act,2002, b) whether any reply to notice was sent. If yes, the contents of that reply should be provided, c) whether the Authorised Officer of the Bank after applying his mind has rejected the reply sent to the Bank by the borrower/mortgagor. If yes, the grounds on which the plea of the borrower/mortgagor has been rejected by the Bank should be advised. d) Whether the possession of the property has been taken by the Authorised Officer of the Bank. After examining the above information/documents some flaws in the action of the Bank have to be found out and on the basis of those flaws stay can be obtained from the Court.

      Delete
  24. Dear Sir,
    I am the borrower from bank and bank given act 13(2) and in view of this i have filled at DRT court also, at right now sale auction also issued with stating that with 30 days should repay principal and interest. In this connection there is possible to get stay order against sale order to stop to proceed, if so how to calculate stay order deposit , if my outstanding amount is Rs 1,20,00,000/-. Please inform me about stay order fees against outstanding amount of Rs.,20,00,000/-

    ReplyDelete
    Replies
    1. Dear Rajesh,
      File Misc Application praying for stay of Auction Sale. DRT will decide the same. DRT may ask for deposit depending upon the merits of your case. It may be between 25 % to 50%. Fees for filing application for stay is Rs. 250 IPO/DD

      Delete
  25. Dear Sir,
    I don't the meaning of Rs.250/- IPO/DD is it application fees to file stay order or else.please clarify the same and you have mentioned 25 % of 50% amount from the total out standing or something else. Let me know whether the stay order can be obtained with conditional stay order or normal stay order in case if conditional stay order mean what kind of conditional will be posted by the court may kindly be clarified.

    ReplyDelete
  26. Dear Sir,
    I have given my property for collateral paper value about 4 core to third party and he has created partnership firm my self and him self and we got loan 2 core from nationalized bank but he has taken 1.75 core and my self 25 lakhs (without interest) to run treading business and he has opened bank a/c which is operated only by him. He has not paid sin gal money past 1.5 years now out standing amount is Rs. 2.20 core. The banker has given notice under act 13 (2) and we have replied them through DRT. Now, the bankers has given sale auction notice. In this connection please suggest me how we can take action against him and how we can save my property or shall we applied stay order , if we applied stay order nearly 10% to 20% amount to be deposited into bank or court to obtain the stay order. Kindly give me best suggestion regarding this.

    ReplyDelete
  27. Dear sir,
    I have borrower the 2 core from bank now i bankers has given position notice (1st notice).
    In view of the above circumstance i need to approach with DRT court. So, kindly clarify the fees structure for the above amount.
    thank you

    ReplyDelete
  28. Wonderful blog.Thanks for sharing this.Offices for lease are available at Wardha IT Park at very affordable rates.You can visit here:office for lease

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  29. Dear sir ,
    i have borrowed 5 lakh rupees from the bank and i am unable to pay an regular payment due to some financial problems during from last 5 months ,the bankers has given a notice to me that they are ready to kept our property to auction . sir ,can we have any rights to ask more time or to reduce the amount of payment of money per month ..sir please inform the rules of auction and actions takened by the bank before auction held

    ReplyDelete
  30. dear sir,
    recently(Nov 17th 14) i participated in one of the bank auction property & i was the highest bidder.
    Bank issued a Sale certificate & i registered & paid all property tax & later i went to
    Asst. revenue office to get khata transferred to my name but Asst. revenue officer after reviewing documents straight away rejected my application quoting said property(Plot) is below HT electric wire can't issue khata certificate.
    if the property is not used for residential purpose how come bank has sold a property &
    please suggest me way forward & even i wrote a letter to bank to refund my money & awaiting their response

    ReplyDelete
    Replies
    1. Did you inspect the property before participating in auction proceedings?

      Delete
  31. dear sir,
    One of NRI friend is having a rental house in Punjab managed by one of her relative. The relative was collecting the rent and putting in NRI's account. Now the relative has stopped doing it and threatening to my friend if she ask for rent. My friend is afraid to go India and fight with this relative since the relative is very influential at this time. My friend is thinking to stop paying the loan on this property and let the house go to bank. My question is if the bank seal the property then is it possible to get it back or once bank seal the property then it would be owned by the bank??? Please help

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  33. Nice information shared. We are one of major private it park in wardha, we have extensive range of office & commercial for rent for all size organizations lease in different areas of Wardha, as per your individual needs and budget.

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  34. In case of home loan default, in case Demand notice under Section 13(2) has been given to the borrower and he does not raise any objection under section 13 - 3A, but meets the bank and clears the dues (EMIs pending + Additional Interest + incidental charges), will the account still be considered as an NPA? Is the demand notice still valid? Can the bank after 60 days send notice under Section 13(4)?

    ReplyDelete
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  36. i have purchased a villa from developer the time of construction by registering agreement to sale and after two year developer has given possession.now,HUDCO who has financed project has taken symbolic possession due to builders act became NPA.HUDCO is not realising NOC to execute sale deed.at present builer has filed case against HUDCO in DRT.what are the remedial measure to protect our interest and for sale deed

    ReplyDelete
  37. I have a query relating to attachment of property. I filed a case of attachment of Property 4 months ago. Can that person can release the property without my consent before depositing to amount but the judgement is not delivered. Please guide me in this regard.

    ReplyDelete
  38. This comment has been removed by the author.

    ReplyDelete
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  40. Your post is really providing good information.. I liked it and enjoyed reading it. Keep sharing such important posts

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  41. Dear sir,
    If bank has issued 13(4) and taken possession of 5 assets. after some communications bank accepted OTS and release one asset after receipt of payment as per arrangement. So, now the possession u/s 13(4) becomes invalid for the remaining assets or not.???

    ReplyDelete
  42. Nice Post!! Hyderabad is also one the best places in India for residence and business. Hence, Hyderabad could the right choice for property investment. If anyone is looking for Properties in Hyderabad for sale.From where you can find best properties that are matching with your requirements.

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  43. an office approved a bid for lowest tenderer for providing one vehicle, tenderer provided a vehicle ragistered with third party who declared defaulter by a bank, and bank supplied a letter to that office to surrender the vehicle under sarfeasi act 4(2) legal aspect there of.

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  44. I fall under Sarfeasi act as NPA and approached DRT for stay petition. Stay petition has been granted on subject of paying Rs.1.5 lac plus Rs.1.5 lac in two installment schedules. ONCE AFTER stay petition granted with these terms, Bank noticed to me that my property have been transferred to ARC and did some gimmicks of date of posting their regd.letter to me . Kindly advice me does Bank have rights to handover the property to ARC after the date of stay granted by DRT. However I paid my dues as per Court guideline of two installments in time and still case is going on with DRT . Can I have any rights to go ahead against the Bank
    atrocity in any Courts other than DRT..? I have strong proven records.

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  46. Respected Sir

    Can SARFACI Act applicable on partition deed, the only registered document deposited in bank against the financial facility.
    The said property ancestral property and initially maharaja jaipur allotted the said property to great grand father and same is vested thrgh succession in surviving legal heirs and one of them offered the their part for mortgage.

    ReplyDelete
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  50. Thank you for the information regarding with this useful topic .It is helping me a lot and keep writing such a worthy blog.

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  51. Dear Justice D K Jain,

    I am looking out for information on Bank Auction properties legal process & their legal rules and regulations.

    what are the legal procedure to take part in bank auction property?
    If person is not an account holder of bank, is he can take participate in auction, if yes what documents he need to produce in bank auction process?
    if the concern person not an account holder of bank, and on behalf of concern person can he able to make other person to be available at the time of auction? if yes what are the documents the concern person and other person both needs to produce in bank property auction?
    Regards,
    vicky

    ReplyDelete
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  66. Do you need a personal loan & business loan or Investment funding, without stress and quick approval? If yes, contact us today as we are currently offering loans at superb interest rate at 3%. Our finance is secured and safe. Our customers happiness is our strength. loans from the tune of €1,000 -€1,000,000.00 USD Euro and Pounds, available now are Business, Personal, House, Travel and Student Loans Etc. For more info Send in detailed loan proposal(Loan amount and duration) please send an Email: ds.kanke@gmail.com

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  68. Best Place To Get Your Loan Problem Solved (Lexieloanfinance@gmail.com)!!!

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  69. Do you need a quick long or short term loan with a relatively low interest rate as low as 3%? We offer Xmas loan, business loan, personal loan, home loan, auto loan,student loan, debt consolidation loan e.t.c. no matter your score, If yes contact us via Email: finance2014911@gmail.com Fill The Loan Application Form Below Name............ Amount Needed........ Duration.......... Country............ Monthly income....... Age............. Phone Number........ Sex ................. Email................Business Plan/Use Of Your Loan:....... Apply now on this email :finance2014911@gmail.com Warm Regards Dr Purva Sharegistry

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  71. Hello,

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  72. Affordable Loan To Get Your Financial Problem Solved { Clydesdaleloancompany@yahoo.com }

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  73. How I Was Rescued By A God Fearing And Trusted Lender {Lexieloancompany@yahoo.com}..

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  74. We wish to give out loan to whom ever that is in need of a loan at interest rate of 3%, We give out loan from the minimum of 5,000.00 usd to the maximum 100 million dollars, pounds, euros, If interested, Contact us via email: johnpotto4@gmail.com

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  75. HOW I GOT MY LOAN FROM THIS GREAT COMPANY

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  76. Good Day,

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  78. Welcome To Dr. Powell Garcia Loan Service…
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  79. I’m Alice James by name. I live in New York USA, i want to use this medium to alert all loan seekers to be very careful because there are scammers everywhere.Few months ago I was financially strained, and due to my desperation I was scammed by several online lenders. I had almost lost hope until a friend of mine referred me to a very reliable lender called Mrs.Mary Clark who lend me an unsecured loan of $55,000 under 2hours without any stress. If you are in need of any kind of loan just contact him now via: maryclarkservice1@yahoo.com I‘m using this medium to alert all loan seekers because of the hell I passed through in the hands of those fraudulent lenders. And I don’t wish even my enemy to pass through such hell that I passed through in the hands of those fraudulent online lenders,i will also want you to help me pass this information to others who are also in need of a loan once you have also receive your loan from Mrs.Mary Clark, i pray that God should give her long life.

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    Alice James

    Testimony on how i got my loan


    ReplyDelete
  80. To Whom it may concern!!!

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    ReplyDelete
  81. Get a Loan Today At 3% Interest Rate, contact us at:davidloans760@gmail.com

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  83. www.npadoctor.com
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    Dear sir,

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  84. SENT MURPHY God will bless you and your legit loan company. life is worth living comfortably for me and my family now and i really have never seen goodness shown to me this much in my life, As i am a struggling mum with two kids and i have been going through a serious problem as my husband encountered a terrible accident last two weeks, and the doctors stated that he needs to undergo a delicate surgery for him to be able to walk again and i could not afford the bills for his surgery then i went to the bank for a loan and they turn me down stating that i have no credit card, from there i ran to my father and he was not able to help me, then when i was browsing through internet i came across a God fearing man MR SENT MURPHY who provides loans at an affordable interest rate and i have been hearing about so many scams on the Internet mostly Africa, but at this my desperate situation, i had no choice than to give it an attempt due to the fact that the company is from United State of America, and surprisingly it was all like a dream, i received a loan of $13,000.00 USD and i payed for my husband surgery and thank GOD today he is ok and can walk, my family is happy and i said to myself that i will shout to the world the wonders this great and God fearing Man MR SENT MURPHY did for me and my family; so if anyone is in genuine and serious need of a loan do contact this GOD fearing man via Email: SentMurphy_lender@outlook.com

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    Bolivar Agata

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    ReplyDelete
  86. To Whom it may concern!!!

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    ReplyDelete
  87. Welcome To Dr. Powell Garcia Loan Service…
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    ReplyDelete
    Replies
    1. AM STILL CONVINCED THAT A GOOD AND REPUTABLE LOAN LENDER STILL EXIST ON THE INTERNET TODAY.

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      Delete
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    FROM: DAVID MIKE Loan Company
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    ReplyDelete
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  90. I’m Jeff Chandler by name, i want to use this medium to alert all loan seekers to be very careful because there are scammers everywhere.Few months ago I was financially strained, and due to my desperation I was scammed by several online lenders. I had almost lost hope until a friend of mine referred me to a very reliable lender called Rev. Ben Davies ( A God fearing man) who lend me a loan of $65,000.00 under 72 working hours without any stress. I explain to the company by mail and all they told me was to cry no more because i will get my loan in their company and also i have made the right choice of contacting them i filled the loan application form and proceeded with all that was requested of me and to my shock I was given the loan,and i promise to share this without him knowing, If you are in need of any kind of loan just contact him now via: bendaviesloanfirm@yahoo.com, I‘m using this medium to alert all loan seekers because of the hell I passed through in the hands of those fraudulent lenders.He is kind hearten.(bendaviesloanfirm@yahoo.com).

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    1. AM STILL CONVINCED THAT A GOOD AND REPUTABLE LOAN LENDER STILL EXIST ON THE INTERNET TODAY.

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      Delete
  93. do you need a genuine loan for business purposes or to pay your debt contact Mr Kellie Wilson now for genuine loans via email: Oceanicfinance113@gmail.com

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    Amunt—-
    Duration—-
    Phone number—
    Country—
    Regards,
    FROM: DAVID MIKE Loan Company
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    ReplyDelete


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  96. I want to know whether inadequacy of valuation of the property can be raised in appeal under Section 17 of SRFAESI Act?

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  97. Welcome To Dr. Powell Garcia Loan Service…
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    ReplyDelete
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    required to fill the info :
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    Amunt—-
    Duration—-
    Phone number—
    Country—
    Regards,
    FROM: DAVID MIKE Loan Company
    +19513561932.
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    ReplyDelete
  99. My name is lewis Edward, I live in california U.S.A and i am a happy man today? I told my self that any Loan lender that could change my Life and that of my family, i will refer any person that is looking for loan to Them. He gave happiness to me and my family, i was in need of a loan of $250,000.00 to start my life all over as a single parents with 3 kids, I meant this honest and GOD fearing loan lender online Mr DAVID MORRISON that helped me with a loan of $250,000.00 U.S. Dollar, He is indeed GOD fearing man, working with a reputable loan company.

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  100. We offer private, commercial and personal loans with very low annual interest rates as low as 2% in one year to 50 years repayment period anywhere in the world. We offer loans

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    ReplyDelete
  101. We offer private, commercial and personal loans with very low annual interest rates as low as 2% in one year to 50 years repayment period anywhere in the world. We offer loans
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  105. i am Mirian Fabian i am from Spain lives in Ecuador i want to use this media to thank Mrs shelter. Iweala a private loan lender owner of shelter loan limited company who help me and my husband with a loan sum of $100,000,00 dollars today, when our family business was at the point of collapsing and we needed enough capital to improve our family business and pay some of our debt we seek help from various company both private and cooperate never with success and we got cheated on two times and most banks within Ecuador decline our credit request but as God who made heaven and earth who knows the pain of his children my God that answer's all prayer would answer our prayers I saw a post by Nancy Martinez on how she and her family got a loan from shelter loan limited company, so we also decided to give it a try and God finally answered our prayers this great company that offered Nancy Martinez a loan also offered me and my family a loan sum of $100,000,00 dollars and today our family business is doing very great. please the essence of this testimony is to inform the world not just only Ecuadorian but people around the globe that there are still very honest people that are helping and solving problems okay please if you must contact any company seeking a loan please do not seek any company apart from shelter loan limited company they understand what it means to help and save people from economic crisis you can contact this company today on their email address (shelterloanfirm@outlook.com) or you can also reach them on their whatsapp number on (+2348135431671) they will help you solve your financial problems in 50 minutes thanks

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  106. i am Mirian Fabian i am from Spain lives in Ecuador i want to use this media to thank Mrs shelter. Iweala a private loan lender owner of shelter loan limited company who help me and my husband with a loan sum of $100,000,00 dollars today, when our family business was at the point of collapsing and we needed enough capital to improve our family business and pay some of our debt we seek help from various company both private and cooperate never with success and we got cheated on two times and most banks within Ecuador decline our credit request but as God who made heaven and earth who knows the pain of his children my God that answer's all prayer would answer our prayers I saw a post by Nancy Martinez on how she and her family got a loan from shelter loan limited company, so we also decided to give it a try and God finally answered our prayers this great company that offered Nancy Martinez a loan also offered me and my family a loan sum of $100,000,00 dollars and today our family business is doing very great. please the essence of this testimony is to inform the world not just only Ecuadorian but people around the globe that there are still very honest people that are helping and solving problems okay please if you must contact any company seeking a loan please do not seek any company apart from shelter loan limited company they understand what it means to help and save people from economic crisis you can contact this company today on their email address (shelterloanfirm@outlook.com) or you can also reach them on their whatsapp number on (+2348135431671) they will help you solve your financial problems in 50 minutes thanks

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