bank can auction their property with intervention of DRT in SARFAESI ACT

Answer By law4u team

Yes, under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, banks have the authority to auction properties to recover their dues without the intervention of the court. The Debt Recovery Tribunal (DRT) is involved in the process to oversee certain aspects of the proceedings. Here's a brief overview: Notice to the Borrower: Before initiating the auction process, the bank must serve a notice to the borrower and any other interested parties, specifying the default in repayment and providing them with an opportunity to rectify the default. Possession Notice: If the borrower fails to comply with the notice, the bank may take possession of the secured assets. Intimation to DRT: The bank is required to send an intimation to the concerned DRT about the possession of assets. Auction Process: The bank can then proceed to auction the secured assets to recover the outstanding dues. The auction can be conducted by the bank itself or through authorized agencies. DRT's Role: While the auction process is primarily managed by the bank, the DRT ensures that the provisions of the SARFAESI Act are followed. If there are any objections or grievances from the borrower, they can approach the DRT. It's important to note that the SARFAESI Act provides a framework for banks to recover their non-performing assets efficiently. However, the process should be carried out in accordance with the provisions of the Act, and borrowers have the right to appeal to the DRT in case of any grievances or non-compliance with the Act's provisions.

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