"Any security interest created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor". Explain the procedure for enforcement of security interest under Sec

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"Any security interest created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor". Explain the procedure for enforcement of security interest under Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (SARFAESI).

Answer & Explanation:

Section 13 of SARFAESI Act, 2002 deals with enforcement of security interest by a creditor which provides as under: Where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any installment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under section 13(4) of the Act. If on receipt of the notice, the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within fifteen days of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. In case the borrower fails to discharge his liability in full within the period specified above, the secured creditor may take recourse to one or more of the following measures to recover his secured debt, namely: take possession of the secured assets of the borrower takeover the management of the business of the borrower appoint any person (hereafter referred to as the manager) require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much of the money as is sufficient to pay the secured debt.

Topics: SARFAESI Act, 2002

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