SARFAESI Act
The Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI) empowers Banks
/ Financial Institutions to recover their non-performing assets
without the intervention of the Court. The Act provides three
alternative methods for recovery of non-performing assets, namely: -
- Securitisation
- Asset Reconstruction
- Enforcement of Security without the intervention of the
Court
The provisions of this Act are applicable only for NPA loans with
outstanding above Rs. 1.00 lac. NPA loan accounts where the amount
is less than 20% of the principal and interest are not eligible to
be dealt with under this Act.
Non-performing assets should be backed by securities charged to
the Bank by way of hypothecation or mortgage or assignment. Security
Interest by way of Lien, pledge, hire purchase and lease not liable
for attachment under sec.60 of CPC, are not covered under this Act
The Act empowers the Bank:
- To issue demand notice to the defaulting borrower and
guarantor, calling upon them to discharge their dues in full
within 60 days from the date of the notice.
- To give notice to any person who has acquired any of the
secured assets from the borrower to surrender the same to the
Bank.
- To ask any debtor of the borrower to pay any sum due or
becoming due to the borrower.
- Any Security Interest created over Agricultural Land
cannot be proceeded with.
If on receipt of demand notice, the borrower makes any
representation or raises any objection, Authorised Officer shall
consider such representation or objection carefully and if he comes
to the conclusion that such representation or objection is not
acceptable or tenable, he shall communicate the reasons for non
acceptance WITHIN ONE WEEK of receipt of such representation or
objection.
A borrower / guarantor aggrieved by the action of the Bank can
file an appeal with DRT and then with DRAT, but not with any civil
court. The borrower / guarantor has to deposit 50% of the dues
before an appeal with DRAT.
If the borrower fails to comply with the notice, the Bank may
take recourse to one or more of the following measures:
- Take possession of the security
- Sale or lease or assign the right over the security
- Manage the same or appoint any person to manage the same
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