Two of these periods bind the borrower, one binds the secured creditor, one binds the Magistrate and one binds the Tribunal. Confusing whose clock is running is the most common error in a SARFAESI file. The quoted words are from the enacted Act.
Section 13(2)60 daysbinds: Borrower / aggrieved person
Demand notice — time to discharge liability
Runs from the date of the demand notice.
“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”
On expiry, the secured creditor becomes entitled to exercise the measures in Section 13(4) — possession, lease, assignment or sale of the secured asset.
Section 13(3A)15 daysbinds: Secured creditor
Creditor’s reply to the borrower’s representation
Runs from receipt of the borrower’s representation or objection.
“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”
A reasoned reply is mandatory. Failure to deal with the representation is among the most frequently argued grounds in a Section 17 challenge. The reply itself confers no right to approach the DRT.
Section 14 (second proviso)30 daysbinds: District Magistrate / CMM
District Magistrate / CMM to pass a possession order
Runs from the date of the secured creditor’s application.
“shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application”
This binds the Magistrate, not the creditor. The Act prescribes no limitation period for the secured creditor to make the Section 14 application itself.
Extension: If no order is passed within thirty days for reasons beyond the Magistrate’s control, the order may be passed within a further period, but not exceeding sixty days in aggregate.
Section 17(1)45 daysbinds: Borrower / aggrieved person
Securitisation application to the DRT
Runs from the date on which the measure was taken under Section 13(4).
“may make an application along with such fee, as may be prescribed, to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken”
The primary borrower remedy against enforcement. Runs from the measure, not from the demand notice — a distinction that decides many applications on limitation alone.
Section 17(5)60 daysbinds: DRT
DRT to dispose of the securitisation application
Runs from the date of the application.
“shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application”
Directory in practice, but it is the statutory basis for pressing an over-aged application for early hearing.
Extension: The DRT may extend the period for reasons recorded in writing, so however that total pendency shall not exceed four months from the date of the application.
Section 18(1)30 daysbinds: Borrower / aggrieved person
Appeal to the DRAT
Runs from the date of receipt of the order of the Debts Recovery Tribunal.
“may prefer an appeal along with such fee, as may be prescribed, to the Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery Tribunal”
Runs from receipt, not from the date the order was pronounced. The appeal also carries the Section 18 pre-deposit: 50% of the debt due, which the DRAT may reduce to not less than 25% for reasons recorded in writing.