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SARFAESI Act, 2002

SARFAESI Act, 2002 empowers banks / financial institutions to recover their non-performing assets without the intervention of the Court.

Apnaloan.com Research Bureau

05 Jan 2009

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.