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Looking for answers (owner)     06 December 2013

about loan default

Dear All I had availed of a loan by mortgaging my flat to buy some machines for my clinic. bank in question is bank of maharashtra. But due setback in business, i was not able to pay the emi's and account is almost npa. i had asked for a grace of few days from manager, who is almost coming to my clinic daily, but he says tbat if i don't pay up within a day or two,he will seal the property and start the process of recovery through DRT. What i need to know is that is the sarfesai act not applicable in this case? I am expecting some money from a source in next few days and am planning to clear the loan altogether. can the manager seal off my flat like that without applying sarfesai act? Thank you in advance.


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 1 Replies

Hardeep (Business)     08 December 2013

AFAIK, SARFAESI Act is increasingly becoming the " preferred mode " for recovery with various Banks,

 

DRT is a longer procedure - court intervention etc...

 

Putting some data here  fyi

 

 

Re sealing / takeover of course the procedure will have to be followed. ...depends upon where you are..Bank would try to recover 3-4 months have passed without an EMI and  loan has become an NPA. You would be getting notices accordingly.

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .

 


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