The DRT ruled that a Tehsildar's possession letter does not extend SARFAESI limitation periods, asserting that borrowers must act within a 45-day window.
Tehsildar’s Possession Letter Not a SARFAESI ‘Measure’ for Limitation
The Debt Recovery Tribunal (DRT) recently dismissed a borrowers' plea filed beyond the statutory 45-day limit, underscoring that communications from the Tehsildar, such as possession letters, do not qualify as actionable measures under the SARFAESI Act.
The court clarified that borrowers need to initiate their actions within the designated timeframe following the creditor's measures and that the absence of any extension due to such letters stands firm in legal precedent. This distinction is crucial for maintaining the integrity and timelines prescribed by the SARFAESI framework.
Legal practitioners must navigate these stringent timelines effectively to safeguard their clients' interests, ensuring that all responses and appeals are timely submitted to avoid dismissals based on procedural lapses.
Citations
- Tehsildar's Possession Letter Case (2026) DRT
