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DRT and SARFAESI Defence — Options for Borrowers in Mumbai

Section 13(2) notice, symbolic and physical possession under Section 14, Securitisation Application under Section 17 before DRT Mumbai, and stay strategy under the SARFAESI Act, 2002.

By APS Law · Advocates7 July 20262 min read

The SARFAESI timeline

  1. Section 13(2) demand notice — 60 days to pay
  2. Section 13(4) possession — symbolic possession after 60 days
  3. Section 14 — physical possession via Chief Metropolitan Magistrate/DM
  4. Auction under the SARFAESI Rules

Borrower's remedy — Section 17 SA

A Securitisation Application lies before the Debts Recovery Tribunal (DRT), Mumbai at MTNL Building, Bandra (E). Grounds we press:

  • Loan account wrongly classified as NPA
  • Procedural violations in Section 13(2) notice
  • Valuation and reserve price manipulation
  • Auction sale without 30 days' notice under Rule 8(6)

Appeals

Appeal to the Debts Recovery Appellate Tribunal (DRAT), Mumbai within 30 days, with 25%–50% deposit (waivable in part).

APS Law — DRT and SARFAESI advocates

We represent MSMEs, promoters and guarantors before DRT Mumbai, DRAT and the Bombay High Court in writ jurisdiction.

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APS Law appears before the Bombay High Court, Sessions Courts at Mumbai and Thane, tribunals and magistrate courts across the Mumbai Metropolitan Region. Share your papers on WhatsApp and we will revert with the next legal step.

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