SRFAESI Act - Representation against a Notice u/s 13(2)
Filing of Representation against a Notice u/s 13(2) and decision on it.
SRFAESI Act: Notice u/s 13(4)
Effect of Notice. Symbolic v/s Physical Possession. Effect on bonafide purchasers for value without Notice. Tenants. Effects on pre-mortgage acts.
SRFAFESI ACT – Arbitration of disputes.
S. 11 of SRFAESI Act. Proposal mutually acceptable. One sided proposal. Enforceability of arbitration proposal.
State Acts are not saved. Banking is a Central Subject.
State Financial Corporation
Proceedings under State Financial Corporation Act
Stay of Recovery Proceedings.
SUMMONS / NOTICE
Substituted service. Deemed service. Service on employee. Service on Company. Service on co-defendant. Service at last known address. Service on relatives. Change of address by borrower. Knowledge of pending case.
TRANSFER OF CASES
S. 31 of the RDDBFI Act. When cases are transferred. How transfer is effected. Who should seek transfer. What is transferable. Whether pending appeal transferable. Effect of non transfer. What happens after transfer. Can DRT re-open issues already decided. Effect of evidence recorded in civil courts.
Transfer is automatic. No need to move any application. DRTs can continue from the stage last reached or from any previous stages.
WINDING UP MATTERS
Effect of Official Liquidator holding bank's securities. Effect of Bank proceeding against securities in the hands of official liquidator. Proceedings by bank without notice to Official Liquidator. Proceedings by banks without permission of Company Court. Labor claims where bank has taken over the securities.