SARFAESI, DRT & Banking Recovery Hub — Q&A: current Indian finance and law guidance from Finin2min.
SARFAESI Applicability and ExclusionsWhat is the Finin2min conclusion on SARFAESI Applicability and Exclusions?
Confirm secured creditor, financial asset, security interest, NPA status and statutory exclusions.
SARFAESI Applicability and ExclusionsWhich primary anchor applies to SARFAESI Applicability and Exclusions?
SARFAESI Act ss.13 and 31
SARFAESI Applicability and ExclusionsWhat evidence is needed for SARFAESI Applicability and Exclusions?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
SARFAESI Applicability and ExclusionsWhat is the next action for SARFAESI Applicability and Exclusions?
Prepare an applicability certificate.
NPA Classification and RecallWhat is the Finin2min conclusion on NPA Classification and Recall?
NPA classification, contractual default and enforcement notice are related but distinct.
NPA Classification and RecallWhich primary anchor applies to NPA Classification and Recall?
RBI prudential directions and loan documents
NPA Classification and RecallWhat evidence is needed for NPA Classification and Recall?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
NPA Classification and RecallWhat is the next action for NPA Classification and Recall?
Reconcile account, RBI category and recall.
Section 13(2) Demand NoticeWhat is the Finin2min conclusion on Section 13(2) Demand Notice?
The demand notice should correctly state debt, security, default and cure period.
Section 13(2) Demand NoticeWhich primary anchor applies to Section 13(2) Demand Notice?
SARFAESI s.13(2)
Section 13(2) Demand NoticeWhat evidence is needed for Section 13(2) Demand Notice?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Section 13(2) Demand NoticeWhat is the next action for Section 13(2) Demand Notice?
Build a facility-security-demand schedule.
Borrower Representation and Section 13(3A)What is the Finin2min conclusion on Borrower Representation and Section 13(3A)?
Borrower objections require reasoned consideration within the statutory framework.
Borrower Representation and Section 13(3A)Which primary anchor applies to Borrower Representation and Section 13(3A)?
SARFAESI s.13(3A)
Borrower Representation and Section 13(3A)What evidence is needed for Borrower Representation and Section 13(3A)?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Borrower Representation and Section 13(3A)What is the next action for Borrower Representation and Section 13(3A)?
Respond issue by issue with records.
Section 13(4) MeasuresWhat is the Finin2min conclusion on Section 13(4) Measures?
Possession, management, appointment and third-party directions must follow valid notice and scope.
Section 13(4) MeasuresWhich primary anchor applies to Section 13(4) Measures?
SARFAESI s.13(4)
Section 13(4) MeasuresWhat evidence is needed for Section 13(4) Measures?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Section 13(4) MeasuresWhat is the next action for Section 13(4) Measures?
Authorise each asset action separately.
Immovable Property PossessionWhat is the Finin2min conclusion on Immovable Property Possession?
Possession notice, publication, inventory and magistrate assistance require exact sequencing.
Immovable Property PossessionWhich primary anchor applies to Immovable Property Possession?
Security Interest Rules
Immovable Property PossessionWhat evidence is needed for Immovable Property Possession?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Immovable Property PossessionWhat is the next action for Immovable Property Possession?
Create a possession chronology.
Valuation, Reserve Price and AuctionWhat is the Finin2min conclusion on Valuation, Reserve Price and Auction?
Approved valuation, reserve price, notice, bidder eligibility, deposit and sale certificate must be controlled.
Valuation, Reserve Price and AuctionWhich primary anchor applies to Valuation, Reserve Price and Auction?
Security Interest Rules
Valuation, Reserve Price and AuctionWhat evidence is needed for Valuation, Reserve Price and Auction?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Valuation, Reserve Price and AuctionWhat is the next action for Valuation, Reserve Price and Auction?
Maintain auction evidence and approval.
Movable Security EnforcementWhat is the Finin2min conclusion on Movable Security Enforcement?
Inventory, custody, valuation and sale differ from immovable enforcement.
Movable Security EnforcementWhich primary anchor applies to Movable Security Enforcement?
SARFAESI and Rules
Movable Security EnforcementWhat evidence is needed for Movable Security Enforcement?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Movable Security EnforcementWhat is the next action for Movable Security Enforcement?
Verify title and asset identification.
Magistrate Assistance under Section 14What is the Finin2min conclusion on Magistrate Assistance under Section 14?
The application and authorised-officer affidavit should establish statutory compliance.
Magistrate Assistance under Section 14Which primary anchor applies to Magistrate Assistance under Section 14?
SARFAESI s.14
Magistrate Assistance under Section 14What evidence is needed for Magistrate Assistance under Section 14?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Magistrate Assistance under Section 14What is the next action for Magistrate Assistance under Section 14?
Use a statutory-compliance checklist.
Borrower Application to DRTWhat is the Finin2min conclusion on Borrower Application to DRT?
The DRT examines whether enforcement measures comply with the Act and can grant restorative relief.
Borrower Application to DRTWhich primary anchor applies to Borrower Application to DRT?
SARFAESI s.17
Borrower Application to DRTWhat evidence is needed for Borrower Application to DRT?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Borrower Application to DRTWhat is the next action for Borrower Application to DRT?
File a precise event and relief matrix.
DRAT Appeal and Pre-DepositWhat is the Finin2min conclusion on DRAT Appeal and Pre-Deposit?
Appeal requires limitation and statutory pre-deposit planning.
DRAT Appeal and Pre-DepositWhich primary anchor applies to DRAT Appeal and Pre-Deposit?
SARFAESI s.18
DRAT Appeal and Pre-DepositWhat evidence is needed for DRAT Appeal and Pre-Deposit?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
DRAT Appeal and Pre-DepositWhat is the next action for DRAT Appeal and Pre-Deposit?
Model deposit and interim relief early.
Bank Recovery Application under RDB ActWhat is the Finin2min conclusion on Bank Recovery Application under RDB Act?
Banks and financial institutions can seek debt adjudication and recovery certificates before DRT.
Bank Recovery Application under RDB ActWhich primary anchor applies to Bank Recovery Application under RDB Act?
RDB Act s.19
Bank Recovery Application under RDB ActWhat evidence is needed for Bank Recovery Application under RDB Act?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Bank Recovery Application under RDB ActWhat is the next action for Bank Recovery Application under RDB Act?
Prepare a certified debt statement.
Recovery Certificate and Recovery OfficerWhat is the Finin2min conclusion on Recovery Certificate and Recovery Officer?
Attachment, sale, receiver and other recovery modes follow tribunal certification and procedure.
Recovery Certificate and Recovery OfficerWhich primary anchor applies to Recovery Certificate and Recovery Officer?
RDB Act recovery provisions
Recovery Certificate and Recovery OfficerWhat evidence is needed for Recovery Certificate and Recovery Officer?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Recovery Certificate and Recovery OfficerWhat is the next action for Recovery Certificate and Recovery Officer?
Begin asset intelligence before adjudication ends.
CERSAI and Secured-Creditor PriorityWhat is the Finin2min conclusion on CERSAI and Secured-Creditor Priority?
Registration affects statutory priority and enforceability claims.
CERSAI and Secured-Creditor PriorityWhich primary anchor applies to CERSAI and Secured-Creditor Priority?
SARFAESI ss.26B–26E; RDB s.31B
CERSAI and Secured-Creditor PriorityWhat evidence is needed for CERSAI and Secured-Creditor Priority?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
CERSAI and Secured-Creditor PriorityWhat is the next action for CERSAI and Secured-Creditor Priority?
Audit CERSAI data before enforcement.
Personal and Corporate GuaranteesWhat is the Finin2min conclusion on Personal and Corporate Guarantees?
Guarantee wording, invocation, limitation, security and insolvency route must be assessed together.
Personal and Corporate GuaranteesWhich primary anchor applies to Personal and Corporate Guarantees?
Contract Act, RDB and IBC overlap
Personal and Corporate GuaranteesWhat evidence is needed for Personal and Corporate Guarantees?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Personal and Corporate GuaranteesWhat is the next action for Personal and Corporate Guarantees?
Prepare guarantor-specific claims.
Tenancy, Lease and Third-Party RightsWhat is the Finin2min conclusion on Tenancy, Lease and Third-Party Rights?
Genuine prior rights and sham post-default arrangements require evidence-based analysis.
Tenancy, Lease and Third-Party RightsWhich primary anchor applies to Tenancy, Lease and Third-Party Rights?
SARFAESI, property law and case law
Tenancy, Lease and Third-Party RightsWhat evidence is needed for Tenancy, Lease and Third-Party Rights?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Tenancy, Lease and Third-Party RightsWhat is the next action for Tenancy, Lease and Third-Party Rights?
Verify date, registration and lender consent.
OTS, Restructuring and CompromiseWhat is the Finin2min conclusion on OTS, Restructuring and Compromise?
Settlement is governed by board-approved policy, valuation and accountability, not borrower entitlement.
OTS, Restructuring and CompromiseWhich primary anchor applies to OTS, Restructuring and Compromise?
RBI framework and lender policy
OTS, Restructuring and CompromiseWhat evidence is needed for OTS, Restructuring and Compromise?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
OTS, Restructuring and CompromiseWhat is the next action for OTS, Restructuring and Compromise?
Use a written without-prejudice proposal.
SARFAESI and IBC Moratorium OverlapWhat is the Finin2min conclusion on SARFAESI and IBC Moratorium Overlap?
Moratoria and liquidation choices can stay, redirect or coexist with enforcement depending on debtor and stage.
SARFAESI and IBC Moratorium OverlapWhich primary anchor applies to SARFAESI and IBC Moratorium Overlap?
IBC ss.14, 52, 96 and recovery laws
SARFAESI and IBC Moratorium OverlapWhat evidence is needed for SARFAESI and IBC Moratorium Overlap?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
SARFAESI and IBC Moratorium OverlapWhat is the next action for SARFAESI and IBC Moratorium Overlap?
Run debtor-guarantor-proceeding mapping.
Auction Purchaser Due DiligenceWhat is the Finin2min conclusion on Auction Purchaser Due Diligence?
Purchasers need title, possession, dues, litigation and sale-process diligence.
Auction Purchaser Due DiligenceWhich primary anchor applies to Auction Purchaser Due Diligence?
SARFAESI Rules and property law
Auction Purchaser Due DiligenceWhat evidence is needed for Auction Purchaser Due Diligence?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Auction Purchaser Due DiligenceWhat is the next action for Auction Purchaser Due Diligence?
Use a property and process due-diligence pack.
Notice, Fraud and Enforcement DefenceWhat is the Finin2min conclusion on Notice, Fraud and Enforcement Defence?
Document integrity, diversion allegations and wilful-default findings may create parallel exposure.
Notice, Fraud and Enforcement DefenceWhich primary anchor applies to Notice, Fraud and Enforcement Defence?
SARFAESI/RDB and criminal-law overlap
Notice, Fraud and Enforcement DefenceWhat evidence is needed for Notice, Fraud and Enforcement Defence?
facility and security documents; account and NPA computation; notices and service proof; CERSAI and title records; valuation, possession and auction evidence
Notice, Fraud and Enforcement DefenceWhat is the next action for Notice, Fraud and Enforcement Defence?
Coordinate recovery, forensic and legal strategy.