BankDRT debate - Should S.13(4) of the SRFAESI Act be modified?
	A bank will go under if there is a run on it. Similarly, if all creditors recall their amounts, even Reliance will fold up and so would any industry for that matter. Therefore, recall of amounts should be tempered with business pragmatism. But under Section 13(4) of the SRFAESI Act the bankers can recall their advances at any time. It is... more » By Manager  - Jul 3 2006 - 1 new of 1 message

	my opinion
	I saw the question put to me . If the borrower has no assets to satisfy the claim of Certificate Holder Bank then obviously whatever properties are available of guarantors can be appropriated . But here the other facts are not on record in absence of the same it is difficult to express conclusively By vijay chandavale  - Aug 15 2007 - 1 new of 1 message

	Can agriculture land of less than 4 hectares be attached and sold by public auction of the guarantor in a decreed amount in Madhya Pradesh
	Please see MPLR code 147 A By sanjay.om...@gmail.com  - Jul 26 2007 - 2 new of 2 messages

recent judgment of DRAT Mumbai on applicability od Securatisation Act to Co-operative Banks

Hon'ble Sir, 1) On 10th of July 2007 surprisingly Hon'ble DRAT Mumbai was pleased to held which matter was from Nagpur of Shikshak Sahakari Bank that relying upon Supreme Court in Greater Bombay Bank Case that Co- operative Banks are not banks within meaning of Banking Regulation Act and therefore Co-operative Banks can't recourse to Securatisation Act.... more » By vijay  - Jul 14 2007 - 1 new of 1 message

Demand Notice under SARFAESI ACT to Guarantor refusing to renew the documents

The Principal borrower has renewed the documents and it is force valid for 3 years. The guarantor who is the mortgagor also refuses to renew the documents. The mortgaged property is a residential house property in a prime location. The Account is NPA. Whether Demand Notice be issued to both the borrower and guarantor and after 60 days... more » By mania...@gmail.com  - Aug 16 2006 - 4 new of 4 messages

	SHOULD RE-SCTRUCTURING BE MADE MANDATORY ?
	Some defaulters are victim of circumstances, but they may not be willful defaulters. Should such defaulter be given a chance to re-run his industry and come back on rails ? Should there be a provision to explore debt re-structuring for circumstantial defaulters before the assets are securitized? Should there be an expert team to aid and... more » By Manager  - Aug 10 2006 - 2 new of 2 messages

	Yes Bank says Yes to SME.
	Yes Bank has tied up with National Small Industries Corporation to extend credit facilities to units in the Small & Medium Enterprise category. With profits dipping from lending to big houses, and units in the SME sector standing their posts and doing well too, the lenders have realized where the golden eggs are.... more » By Manager  - Jul 17 2006 - 1 new of 1 message

	Peppy Recovery Agents make waves.
	An Bank recovery agency is making waves these days. So much so that the Indian Express had an article on this agency by leading columnist Ms. Sucheta Dalal, who has claimed to be a witness to one of their recovery proceedings and has eulogized it to no end. And in the days to come we may be hearing a lot more about them, but for the moment... more » By Manager  - Jul 12 2006 - 1 new of 1 message

Borrowers free to pursue against the Lenders: SC

The Debts Recovery Tribunal is not the only forum where an borrower can set up a counter claim or seek set offs. A borrower is free to purse other independent proceedings against the Banks before civil courts of competent jurisdiction. The borrower cannot be forced to transfer his case to a Debts Recovery Tribunal to be tagged and heard along with the... more » By Manager  - Jul 12 2006 - 1 new of 1 message

	Monthly debate - Should S.13(4) of the SRFAESI Act be modified?
	A bank will go under if there is a run on it. Similarly, if all creditors recall their amounts, even Reliance will fold up and so would any industry for that matter. Therefore, recall of amounts should be tempered with business pragmatism. But under Section 13(4) of the SRFAESI Act the bankers can recall their advances at any time. It is... more » By Manager  - Jul 3 2006 - 1 new of 1 message

BankDRT maha debate - Do we need Official Liquidators ?

Dear Member, A recent Supreme Court judgment on the distribution of proceeds amongst various claimants against a company under liquidation has upheld the right of the secured creditor ( read Bankers) to the amount realized by the sale of the securities to the extent of their claims. Even intersee secured creditors, the priority of distribution of proceeds is... more » By Manager  - Jun 2 2006 - 1 new of 1 message