Sarfaesi Act | Vkeel - Free Legal Advice

Narender

New Delhi

The borrower can file an appeal in DRT within 60 days from 13 (4) notice date. But according to SC judgment in Maria chemicals vs Union of India and others, the appeal can be filed until the date of sale. Is it true? And will it apply to an appeal filed in 2012 on which the bank in 2019 raised the limitation issue that the appeal was not filed in 60 days? The property has not been put to sale yet.

Expert's Answers(1)

Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, The SC observed that the decision in Mardia Chemicals Ltd. v. Union of India clarified that after all measures have been taken under Section*Phone*prior to the sale auction, the borrower may file an application under Section 17 of the Act. If You find this answer helpful please rate my answer. Thank You.

June 16, 2021