This, my friends, is where Section 11 of the SARFAESI Act comes in. It's the captain (pun intended) of dispute resolution, a beacon of hope in a sea of financial turmoil.
In simple terms, it lays out a clear path for resolving disputes arising from secured loans. It's a message that says, "Hey, instead of battling it out in court for years, let's settle this like civilized adults - through arbitration or conciliation."
Think of it as a civilized sword fight instead of a messy brawl. It's faster, cheaper, and often more amicable. But here's the twist: this duel isn't open to everyone. Only disputes between specific players are invited to the table - banks, financial institutions, asset reconstruction companies, and that oh-so-charming Captain Calamity himself (but only if he's a lender in the same boat, not the borrower).
Now, there's been some debate about who gets to wield this dispute-resolution sword. Can borrowers use it against lenders? The Supreme Court, wise as always, has ruled - "No dice, mateys!" Borrowers need to deal with the regular legal device.
But wait, there's more! Section 11 isn't a jealous captain. It allows other laws to play along too. So, if there's a specific law that better suits the dispute, it takes center stage. Section 11 just steps aside and offers a silent cheer.
If you're a lender or involved in secured loans, Section 11 is your friend. It offers a speedy, green way to settle disagreements without getting bogged down in legalese. Take into account, it's not a magic wand, but a well-oiled delivery that can steer you closer to a decision.
And for Captain Calamity? Well, he might have to walk the plank of the traditional court system. But hey, maybe he'll learn a valuable lesson about smooth sailing and responsible borrowing
Banks registered with CERSAI have priority over DCST for SARFAESI Act enforcement proceeds: Bombay HC
RBI Revises Treasury Bill Auction Schedule
Guide to Conducting Due Diligence Before Bidding on Real Estate E-Auctions
Taking Ownership: Understanding Bills of Sale in E-Auctions
Terminology for Auctions and Bank Auctions
Indian Overseas Bank to Auction Rs 13,471.68 Crore NPA Portfolio, Offer Value Plunges
Greater Noida Authority is scheduled to launch an e-auction of group home plots in June.
Is Your Property Auctioned Fraud: Protecting Your Investments and Rights
Foreclosure Property in India: What You Need to Know 2024
Govind Kumar Sharma & Anr vs Bank of Baroda & Ors: A Case Study in Procedural Compliance below SARFAESI Act