Law4u - Made in India

What Is The Time Limit For Procedures Under The SARFAESI Act?

Answer By law4u team

Notice of Default

After a default by the borrower, the lender (financial institution) must issue a notice under Section 13(2) of the SARFAESI Act. This notice demands repayment of the dues and gives the borrower 60 days to make the payment.

Possession of Secured Asset

If the borrower fails to repay the dues within the 60-day notice period, the lender can take possession of the secured asset under Section 13(4). This includes physical possession or taking over the management of the asset.

Application to DRT

If the borrower challenges the action of the lender, they can file an application before the Debt Recovery Tribunal (DRT) under Section 17 within 45 days from the date of taking possession of the asset.

Sale of Secured Asset

After taking possession, the lender can sell the secured asset under Section 13(8). The sale must be conducted following the due process and within a reasonable time frame as prescribed by regulations.

Appeal to Appellate Tribunal

If dissatisfied with the DRT's decision, an appeal can be filed with the Debt Recovery Appellate Tribunal (DRAT) within 30 days from the date of the DRT's order.

Challenge in High Court/Supreme Court

If still dissatisfied with the DRAT's decision, the borrower may approach the High Court or Supreme Court, but there are no specific time limits defined under SARFAESI for such appeals.

Summary

Under the SARFAESI Act, the key time limits include 60 days for the borrower to respond to a notice of default, 45 days to challenge the lender’s action before the DRT, and 30 days to appeal the DRT's decision to the DRAT.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vishnu Pratap Narayan Singh

Advocate Vishnu Pratap Narayan Singh

High Court, Criminal, Cheque Bounce, Banking & Finance, Labour & Service, Property, Civil, Motor Accident

Get Advice
Advocate Isac Camilus B

Advocate Isac Camilus B

Breach of Contract, Consumer Court, Cyber Crime, GST, Domestic Violence, High Court, Landlord & Tenant, R.T.I, Trademark & Copyright, Criminal

Get Advice
Advocate Sujith Mohan Karimalakunnel

Advocate Sujith Mohan Karimalakunnel

Tax, Trademark & Copyright, Corporate

Get Advice
Advocate Rajat

Advocate Rajat

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Family, Property, Recovery, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Akash Khan

Advocate Akash Khan

Cyber Crime, Domestic Violence, Anticipatory Bail, Cheque Bounce, Criminal, Muslim Law, Divorce, Court Marriage

Get Advice
Advocate Arun Bhardwaj

Advocate Arun Bhardwaj

Criminal, Cheque Bounce, Divorce, Family, Child Custody

Get Advice
Advocate Manpreet Singh

Advocate Manpreet Singh

Criminal, Domestic Violence, Family, Cheque Bounce, Civil

Get Advice
Advocate P M S Jayananda

Advocate P M S Jayananda

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,Supreme Court,Wills Trusts,Revenue

Get Advice

General Related Questions

Discover clear and detailed answers to common questions about General. Learn about procedures and more in straightforward language.