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Section 13-2 notice without classifying accounts as n.p.a

Page no : 2

RAJU O.F., (Advocate)     14 April 2014

Without classifying the loan account as NPA, bank cannot issue Demand Notice under Sec.13(2) of SARFAESI Act. You may challenge the Demand Notice by sending your objections/representations in writing within 60 days from the date of Notice. Bank has to answer the objections within 15 days. If bank further issued Possession Notice u/S13(4) you may prefer Securitisation Appeal before DRT.

viveks2016 (Head Legal & Company Secretary)     21 March 2016

Can bank declare an NPA with retrospective effect to a date preceding upto 3 years from the date of notice.??

the bank has on number of times said that asset is SMA-2 during last 3 years. How can bank now take a stand that asset is NPA 3 years back.

 


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