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vishnu (Manager)     03 September 2010

sarfaesi act notice on agri land

I request the panel to advise on my issue.

Ours is a Infrastructure construction company borrowed Rs. 13 crores from Bank No -1 and Rs. 7 crores from Bank No- 2.

The collateral security is a agricultural land worth Rs, 80 crores.

The repayment is over due and subsequently has been classified as NPA.

The Bank No 1 ( Consotium leader ) has issued a notice under sarfaesi act.

We have asked for extension of time for repayment but could not repay, later the bank has issued a notice under rule 8 (1) of sarfaesi ie possession notice.

My question is

a) When notice u/s sarfaesi act is issued -should both bankers jointly issue ? with the total outstanding ? In our case only the outstanding of the Bank No-1 is mentioned in the notice.

b) Since the land is agricultural land - proof is patta , tax paid receipt, and the VAO records, can the bank attach the land under Sarfaesi act?

Thanks in advance for your advise.



Learning

 2 Replies

harsh asthana (advocate)     03 September 2010

I think you have a good case and can defend yourself.

The first thing is you should go for stay of sec 8 ( 1 ) notice.

We can devise strategy to combat the banks recovery process. 

You can call me on 09849104235 or mail me at hasthana@yahoo.com

N.K.Assumi (Advocate)     10 September 2010

Section 31 Clause (i) of the SARFAESI READS: The provisions of this act shall not apply to :- (i) any security interest created in agricultural land.


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