ABC OF THE SRFAESI ACT, 2002 (Basics of the Act – Including case laws)

Download or read book ABC OF THE SRFAESI ACT, 2002 (Basics of the Act – Including case laws) written by K. Padmanabhan and published by Notion Press. This book was released on 2020-01-13 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government of India enacted special laws viz., the SRFAESI and RDB Acts to help speed up the recovery process of non-performing assets, by vesting the banks and F/Is with extra-ordinary powers for self-enforcement of security interests given as collaterals per mortgage in favour of the lenders. This book explains different stages of recovery process; rehabilitation measures expected of the / banks / FIs to help revive those temporarily sick but economically viable units facing brief span of mis-match in the flow of working funds; the RBI norm of 90 days to classify a loan account as NPA ( Non-Performing Asset), when and whom to approach in case of objection to lender’s action under Sec.13(2) of the SRFAESI Act, 2002; and about the remedy available till the last stage of execution but before confirmation of sale and transfer subject to Rules 8 & 9 of the SI(E) Rules, 2002 read with IT rule 15 relating to attachment of property. Any action for recovery under the SRFAESI or RDB Acts should strictly be in accordance with and in the manner and order of priority as laid down in the provisions of law, read with the relative Rules and RBI directives / guidelines. This book helps readers to understand nuances of the provisions of SRFAESI Act, 2002 and RDB Act, 1993; read with the relative Rules and RBI directives / guidelines. Honest and sincere borrowers / guarantors and / or any aggrieved party are assured of justice, when the process of law is being misused by lenders apparently in a perverse and absurd manner.