Demand notice
Where a borrower's account is classified as NPA, the secured creditor may require the borrower by notice in writing to discharge the liabilities within sixty days, failing which it may exercise the s. 13(4) rights.
Lets banks and financial institutions enforce security interests in NPAs without court intervention, subject to a right of appeal to the Debts Recovery Tribunal.
Where a borrower's account is classified as NPA, the secured creditor may require the borrower by notice in writing to discharge the liabilities within sixty days, failing which it may exercise the s. 13(4) rights.
On receipt of the borrower's representation or objection, the secured creditor must consider it and communicate reasons for non-acceptance within fifteen days.
The secured creditor may take possession of the secured asset, take over management, appoint a manager, or require debtors of the borrower to pay it directly.
The secured creditor may apply to the CMM or DM to take possession of the secured asset and forward it to the creditor; the magistrate's function is ministerial.
Any person aggrieved by measures under s. 13(4) may apply to the DRT within forty-five days; the DRT may restore possession if the measures were not in accordance with the Act.
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