This page is for general information. It is not legal, tax or investment advice. Every NPA / SARFAESI / DRT matter is fact-specific — speak to a qualified advisor before acting.
Step 1 — Audit the notices
Confirm Central Bank of India's 13(2) demand notice, 60-day expiry, and any 13(4) possession notice are procedurally valid. Defects (service, quantum, classification date) are the strongest defence grounds.
Step 2 — File a 13(3A) representation
Within 60 days of the 13(2) notice, file a written representation. Central Bank of India must reply within 15 days on merits — silence itself becomes a ground.
Step 3 — DRT Securitisation Application (SA)
File under Section 17 of SARFAESI at the DRT with jurisdiction over the security. Pray for interim stay of the auction plus setting aside the 13(4) possession.
Step 4 — Interim stay application
Ex-parte interim orders are common where the borrower shows arguable procedural defects and files a credible OTS proposal in parallel.
Step 5 — OTS in parallel
A sanctioned or credible OTS proposal filed with Central Bank of India's recovery cell often results in the auction being deferred or withdrawn — even before the DRT rules.
Step 6 — Post-auction remedies
If auction has already happened, Section 17 SA can still be filed to challenge the sale certificate on procedural grounds.
