Question 1
The SARFAESI Act, 2002 is NOT applicable to loans where the outstanding balance is less than:
Section 31 of the SARFAESI Act excludes loans where the amount due is less than ?1 Lakh OR where the remaining debt is less than 20% of the original principal and interest.
Question 2
Lok Adalats are effective for recovering dues in NPA accounts up to a ceiling of:
Lok Adalats provide a low-cost, faster resolution mechanism for smaller loans. The monetary ceiling for cases to be referred to Lok Adalat is ?20 Lakh.
Question 3
According to RBI guidelines, Debt Recovery Agents (DRAs) must complete a training course and obtain certification from:
To ensure ethical behavior and knowledge of regulations, RBI mandates that all recovery agents must undergo 100 hours of training and pass the DRA examination conducted by IIBF.
Question 4
Under Section 13(4) of the SARFAESI Act, 2002, which of the following actions can a secured creditor take without court intervention?
Section 13(4) empowers the bank to take possession of the secured assets, take over management, or appoint a person to manage the assets if the borrower fails to pay within 60 days of the demand notice.
Question 5
An appeal against the order of the Recovery Officer in a DRT lies with:
Under Section 30 of the RDDBFI Act, an appeal against the order of the Recovery Officer lies with the Presiding Officer of the DRT itself, not directly to the DRAT.
Question 6
An award passed by the Lok Adalat is:
Under the Legal Services Authorities Act, the award of a Lok Adalat is deemed to be a decree of a civil court and is final. Since it is based on compromise/agreement, no appeal is allowed.
Question 7
Does the SARFAESI Act apply to Agricultural Land?
To protect farmers, the SARFAESI Act explicitly excludes "any security interest created in agricultural land" from its purview. Banks must use civil courts or DRT for recovery in such cases.
Question 8
Asset Reconstruction Companies (ARCs) acquire NPAs from banks by issuing:
ARCs pay banks a portion in cash (e.g., 15%) and the balance in the form of Security Receipts (SRs), which represent an undivided right/interest in the acquired asset.
Question 9
Under the Security Interest (Enforcement) Rules, 2002, before selling an immovable secured asset, the Authorized Officer must serve a notice of _____ to the borrower.
The Sale Notice of 30 days is mandatory. If the sale fails and a subsequent sale is conducted, the notice period is reduced to 15 days.
Question 10
Registration of security interest (mortgage/hypothecation) with CERSAI must be done within ___ days of creation of the charge.
Banks must file details of security interest with the Central Registry (CERSAI) within 30 days to ensure public record and priority of charge.
Question 11
Which Debt Recovery Tribunal (DRT) has the jurisdiction to entertain an application for recovery of debt?
Under the RDDBFI Act, a bank can file an application in the DRT within whose jurisdiction the defendant resides/works OR where the cause of action arises wholly or in part.
Question 12
Civil Courts have jurisdiction to entertain matters related to SARFAESI Act enforcement actions:
To prevent delays, the Act specifically bars Civil Courts from issuing injunctions on matters that the DRT/DRAT is empowered to determine.
Question 13
If a settlement is reached in a Lok Adalat, the court fee paid by the plaintiff (bank) is:
To encourage compromise, the Legal Services Authorities Act provides that if a case is settled in Lok Adalat, the court fee originally paid is refunded to the plaintiff.
Question 14
When an ARC acquires a financial asset from a bank, it must pay a minimum of ____ of the acquisition price in cash upfront.
As per RBI guidelines, ARCs must pay at least 15% of the agreed price in cash, and the remaining 85% can be in Security Receipts (SRs).
Question 15
To file an appeal in the Debt Recovery Appellate Tribunal (DRAT) against a DRT order, the borrower must pre-deposit what percentage of the debt due?
Section 21 of the RDDBFI Act mandates a pre-deposit of 50% of the amount of debt due as determined by the DRT. The Chairperson of DRAT has the discretion to reduce this amount, but not below 25%. This ensures that appeals are not used merely to delay recovery.
Question 16
Under Section 13(8) of the SARFAESI Act, the borrower has the right to redeem the secured asset by paying the entire dues:
Amendments to the Act state that the right of redemption is available to the borrower only till the date of publication of the auction notice or public notice for sale/transfer.
Question 17
An award made by a Lok Adalat is deemed to be a decree of:
Every award of the Lok Adalat shall be deemed to be a decree of a Civil Court. It is final and binding, and executed directly as a decree.
Question 18
Registration of security interest (like mortgage) with CERSAI is mandatory within ___ days of creation.
Under the SARFAESI Act, details of securitisation, asset reconstruction, or creation of security interest must be filed with the Central Registry (CERSAI) within 30 days.
Question 19
Section 34 of the SARFAESI Act bars the jurisdiction of:
Section 34 ensures that Civil Courts cannot entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered to determine, preventing delays in recovery.