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      Question

      Under Section 13(3A) of the SARFAESI Act, if a borrower

      makes any representation or raises an objection upon receipt of the Section 13(2) notice, within how many days must the secured creditor communicate the reasons for non-acceptance of such representation/objection?
      A 30 days Correct Answer Incorrect Answer
      B 7 days Correct Answer Incorrect Answer
      C 21 days Correct Answer Incorrect Answer
      D 45 days Correct Answer Incorrect Answer
      E 15 days Correct Answer Incorrect Answer

      Solution

      Section 13(3A), inserted by the 2004 Amendment and further amended by Act 1 of 2013, requires that where a borrower raises an objection or makes a representation in response to the Section 13(2) notice, the secured creditor must communicate the reasons for non-acceptance within 15 days of receipt of such representation or objection. Prior to the 2013 amendment, the time limit was 'one week'. This was enhanced to 15 days to give creditors adequate time. However, importantly, even after receiving the secured creditor's reasons, the borrower cannot immediately approach the DRT - such communication does not itself confer the right to make an application under Section 17.

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