Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 13A in The Security Interest (Enforcement) Rules, 2002

13A. [ Application by lessee or tenant. [Inserted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).]

(1)Every application under sub-section (1) of section 17 filed by lessee or tenant of the secured assets shall be accompanied by a fee specified in sub-clause (c) and sub-clause (d) of sub-rule (2) of rule 13, as the case may be.
(2)The application to be made by the lessee or the tenant under sub-section (1) of section 17, shall be in the form specified in Appendix X annexed to these rules] [Inserted by Notification No. G.S.R. 1040(E), dated 17.10.2018 (w.e.f. 20.9.2002).]APPENDIX I[See rule 4(1)]PanchnamaWhere AS;We
Sr. No. Name of Panch and Father's/Husband's Name Address Age Occupation
         
The above mentioned Panchs on being called by Shri_________________, the authorized officer of_______________ (name of the Institution), under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security (Second) Interest [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], 2002 and in exercise of the powers under Section 13(4) of the said [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).] today entered the premises of Shri/M/s___________________ at ___________________ and demanded the payment of the dues mentioned in the demand notice dated___________________ in respect of Loan Account bearing No. and on its non-payment, taken over possession of movable properties as detailed in the inventory attached to this Panchnama between the hours___________________ M and ___________________ M in our presence.[The borrower's attention is invited to provisions of sub-section (8) of section 13 of the Act, in respect of time available, to redeem the secured assets.] [Inserted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).]We also hereby state that during take over of possession___________________ (to be filled in case of occurrence of any incidence)Therefore, we declare that the facts of the Panchnama mentioned herein are true and correct to the best of our observations and knowledge.
1. Signature Date Time
Name    
Address    
2. - do -    
Drawn before me    
Authorized OfficerAPPENDIX II[See rule 4(2)]InventoryInventory of movables taken possession in Loan Account bearing No.--------------------------Inventory of movable properties taken possession of at the premises of Shri/M/s----------- Plot No.-----------/Gala No.----------------H.no.----------------------, Street No.---------------of---------------under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], 2002 (54 of 2002) and the Security Interest (Enforcement) Rules, 2002 made thereunder, on this -------------------day of -------------------- 20--------------by Shri --------------------, authorized officer of-------------------------(name of the Institution) under the said [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], between the hours ---------------M.
Sl. No. Description of article Estimated value Place where kept for safe custody (Name of the person if necessary)
       
Panchas:
Sl. No. Nameand Address of Panch Signatures
     
Drawn by me today the------------20------------------at--------------M.....................................Signature of Borrower/Representative....................................Signature of Authorized Officer[Appendix II-A] [Inserted by Notification No. G.S.R. 1040(E), dated 17.10.2018 (w.e.f. 20.9.2002).][See proviso to rule 6(2)]Sale notice for sale of movable propertiesE-Auction Sale Notice for Sale of Movable Assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002read with proviso to Rule 6(2) of the Security Interest (Enforcement) Rules, 2002Notice is hereby given to the public in general and in particular to the Borrower (s) and Guarantor (s) that the below described movable property hypothecated/pledged/charged to the Secured Creditor, the constructive/physical ---------------(whichever is applicable) possession of which has been taken by the Authorised Officer of ----------------------- Secured Officer, will be sold on "As is where is", "As is what is", and " Whatever there is" on ------------------------(mention date of the sale), for recovery of Rs.------------------ --------due to the ---------------------- Secured Creditor from ---------------------------------------------------- (mention name of the Borrower (s)) and ---------------------------------------------(mention name of the Guarantor (s)). The reserve price will be Rs-------------------------------and the earnest money deposit will be Rs------------- -----------------.(Give short description of the movable property with known encumbrances, if any)For detailed terms and conditions of the sale, please refer to the link provided in ----------------------Secured Creditor's website i.e. www. (give details of website) .Date:Authorised OfficerPlace:APPENDIX III[See rule-7(2)]Certificate of Sale(For Movable Property)WhereasThe undersigned being the authorized officer of the ----------------------------- (name of the institution) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], 2002 (54 of 2002) and in exercise of the powers conferred under Sub-section (12) of Section 13 read with [rule 6 and 7] [Substituted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).] of the Security Interest (Enforcement) Rule, 2002 has in consideration of the payment of Rs.------------------- (Rupees--------------------------------) sold on behalf of the -----------------------------------(name of the secured creditor/institution in favour of--------------------(purchaser), the following movable property secured in favour of the ---------------------------(name of the secured creditor) by -------------------------------(the names of the borrowers) towards the financial facility -------------------------(description) offered by------------------------(secured creditor). The undersigned acknowledge the [receipt of the sale price of Rs. ________________ (Rupees ____________ only] [Substituted by S.O. 1444(E), dated 21-8-2007 (w.e.f. 21-8-2007).] in full and hand over the delivery and possession of the items listed below.Description of the movable property.Sd/-Authorized OfficerDate:Place:APPENDIX IV[rule-8(1)]Possession Notice(for Immovable property)WhereasThe undersigned being the authorized officer of the ------------------------ (name of the Institution) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], 2002 and in exercise of powers conferred under Section 13(12) read with [rule 3] [Substituted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).] of the Security Interest (Enforcement) Rules, 2002 issued a demand notice dated ----------------------calling upon the borrower Shri --------------------------/M/s-------------------------------to repay the amount mentioned in the notice being Rs.------------------------(in words---------------------------) with in 60 days from-the date of receipt of the said notice.[The borrower having failed to repay the amount, notice is hereby given to the borrower and the public in general that the undersigned has taken possession of the property described herein below in exercise of powers conferred on him under sub-section (4) of section 13 of Act read with rule 8 of the Security Interest Enforcement) Rules, 2002 on this the ............. day of ......... of the year ................] [Substituted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).][The borrower's attention is invited to provisions of sub-section (8) of section 13 of the Act, in respect of time available, to redeem the secured assets.] [Inserted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).]The borrower in particular and the public in general is hereby cautioned not to deal with the property and any dealings with the property will be 17 subject to the charge of the ------------------------(name of the Institution) for an amount Rs.--------------------------------and interest thereon.
DESCRIPTION OF THE IMMOVABLE PROPERTY
 
All that part and parcel of the property consisting of Flat No.--------/Plot No.-------- In Survey No.--------/City or Town Survey No.--------/Khasara no.--------------Within the registration Sub-district---------------- and District----------------Bounded;On the North byOn the South byOn the East byOn the West bySd/-Authorized Officer(Name of the Institution)Date:Place:[Appendix - IV-A] [Inserted by Notification No. G.S.R. 1040(E), dated 17.10.2018 (w.e.f. 20.9.2002).][See proviso to rule 8 (6)]Sale notice for sale of immovable propertiesE-Auction Sale Notice for Sale of Immovable Assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8 (6) of the Security Interest (Enforcement) Rules, 2002Notice is hereby given to the public in general and in particular to the Borrower (s) and Guarantor (s) that the below described immovable property mortgaged/charged to the Secured Creditor, the constructive/physical --- ------------(whichever is applicable) possession of which has been taken by the Authorised Officer of ----------- ------------ Secured Creditor, will be sold on "As is where is", "As is what is", and "Whatever there is" on ---- --------------------(mention date of the sale), for recovery of Rs.--------------------------due to the ------------------- ---Secured Creditor from ----------------------------------------------------(mention name of the Borrower (s)) and - --------------------------------------------(mention name of the Guarantor (s)). The reserve price will be Rs---------- ---------------------and the earnest money deposit will be Rs------------------------------.(Give short description of the immovable property with known encumbrances, if any)For detailed terms and conditions of the sale, please refer to the link provided in ---------------------- Secured Creditor's website i.e. www. (give details of website)Date:Authorised OfficerPlace:Appendix V[rule 9(6)]Sale Certificate(For Immovable Property)WhereasThe undersigned being the authorized officer of the ----------------------(name of the Institution) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest [Act] [Substituted by S.O. 103(E), dated 2-2-2007, for "Ordinance" (w.e.f. 2-2-2007).], 2002 (54 of 2002) and in exercise of the powers conferred under Section 13 read with [rule 8 and 9] [Substituted by Notification No. G.S.R. 1046 (E), dated 3.11.2016 (w.e.f. 20.9.2002).] of the Security Interest (Enforcement) Rules, 2002 sold on behalf of the------------------(name of the secured creditor/institution) in favour of--------------(purchaser), the immovable property shown in the schedule below secured in favour of the----------------(name of the secured creditor) by------------------(the names of the borrowers) towards the financial facility -----------------------(description) offered by ---------------------(secured creditor). The undersigned acknowledge the receipt [of Rs....................(Rupees.................. only] [Inserted by S.O. 103(E), dated 2-2-2007 (w.e.f. 2-2-2007).], the sale price in full and handed over the delivery and possession of the scheduled property. The sale of the scheduled property was made free from all encumbrances known to the secured creditor listed below on deposit of the money demanded by the undersigned.
DESCRIPTION OF THE IMMOVABLE PROPERTY
 
All that part and parcel of the property consisting of Flat No.----------/Plot No.----------- In Survey No.-----------/City or Town Survey No.------------/Khasara No.---------- Within the registration sub-district--------------------and District--------------Bounded;On the North byOn the South byOn the East byOn the West byList of encumbrances