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Clarification on Section 13(3A) of SARFAESI Act
13-Jan-2023 (In Banking / Finance Law)
Loan was declared NPA and bank served us 13(2) notice. We gave full detailed 48 pages objections/representations. At the same time my mother was critically ill so I asked Branch officials to visit her and collect the detailed 48 pages objections/ representation. Branch Manager gave me proper receiving and I handed over to him the copies for CMD as well as for AO. They gave me 13(4) and case is in DRT. Banks legal counsel admitted that objections/representations were given and he also admitted that reply was not given but he argued that as it was given to BM and not to AO, so no reply was given. We said that in SARFAESI act 2002, it is clearly evident that objections/representation by the borrowers can be given to either Secured Creditor or AO whereas reply shall only be given by AO. As the loan agreement was signed between the bank manager who is the representative of the secured creditor handing of the copies to him is not wrong and case stands vitiated. Please place your views.
Dear sir, it is not mandatory that reply should be handed over to the Authorised Officer. It is enough even if it is delivered to any officials of the Bank. In your it is delivered to Manager and you have sufficiently complied with provision. Bank's further action without reply to objections is illegal and bad in law.
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Adv. Sunil Kadam
Mumbai | 100+ Answers
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