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      Question

      Section 13(13) of the SARFAESI Act imposes a specific

      restriction on the borrower after receipt of a Section 13(2) notice. What restriction does this sub-section impose?
      A The borrower cannot approach any court or tribunal after receiving the notice Correct Answer Incorrect Answer
      B The borrower's bank accounts are automatically frozen upon receipt of notice Correct Answer Incorrect Answer
      C The borrower cannot appoint new directors without secured creditor's approval Correct Answer Incorrect Answer
      D The borrower cannot raise further loans from any bank or financial institution Correct Answer Incorrect Answer
      E No borrower shall, after receipt of notice, transfer by way of sale, lease or otherwise (other than in the ordinary course of business) any secured asset without prior written consent of the secured creditor Correct Answer Incorrect Answer

      Solution

      Section 13(13) imposes an important post-notice restriction: after the borrower receives the Section 13(2) demand notice, no borrower shall transfer by way of sale, lease or otherwise any of their secured assets referred to in the notice, without the prior written consent of the secured creditor. The exception is transactions in the 'ordinary course of business.' This provision prevents the borrower from alienating or dissipating the secured assets during the 60-day notice period, which would frustrate the secured creditor's enforcement rights. A transfer in violation of Section 13(13) would not be protected and the secured creditor could challenge such a transfer. This is a key provisional restriction, not an absolute bar on all business activity.

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