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      Question

      Section 17(1) of the SARFAESI Act allows a person

      aggrieved by measures taken under Section 13(4) to make an application to the Debts Recovery Tribunal. What is the prescribed time limit for filing such an application?
      A 30 days from the date of the measure Correct Answer Incorrect Answer
      B 60 days from the date of the measure Correct Answer Incorrect Answer
      C 45 days from the date of the measure Correct Answer Incorrect Answer
      D 90 days from the date of the measure Correct Answer Incorrect Answer
      E 15 days from the date of the measure Correct Answer Incorrect Answer

      Solution

      Section 17(1) of the SARFAESI Act provides that any person (including the borrower) aggrieved by any measure referred to in Section 13(4) taken by the secured creditor may make an application to the Debts Recovery Tribunal (DRT) having jurisdiction in the matter within 45 days from the date on which such measure had been taken. This is an important limitation provision for challenging enforcement measures. The DRT is directed to dispose of the application as expeditiously as possible and within 60 days, extendable but not beyond four months in total. It may be noted that the communication of reasons under Section 13(3A) does not itself trigger the right to apply under Section 17.

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