SARFAESI Act, IBC and Debt Recovery Tribunals Explained: How Banks Recover Bad Loans (+ Quiz)

When a borrower stops paying, banks have several legal tools to recover money. These laws, SARFAESI, the RDB Act (DRTs) and the IBC, are core topics for RBI Grade B, NABARD, SBI PO and IBPS PO interviews and mains. This guide explains each one with the key numbers.

The recovery toolkit at a glance

ToolYearUsed forGoes to court?
Lok Adalat1987 (Legal Services Authorities Act)Small loans, settlement by compromiseNo (conciliation)
Debt Recovery Tribunals (DRTs)1993Loans of ₹20 lakh and aboveSpecial tribunal
SARFAESI Act2002Secured loans; seize and sell the securityNo court needed
IBC2016Time-bound insolvency resolution of companies and individualsNCLT / DRT

SARFAESI Act, 2002

Full name: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It was based on the Narasimham Committee II and Andhyarujina Committee recommendations.

Why it matters: banks can take possession of the security and sell it without going to court.

Steps under SARFAESI

StepSectionWhat happens
1–Loan is classified as an NPA
213(2)Bank sends a demand notice giving the borrower 60 days to pay
313(3A)Bank must reply to the borrower’s objections within 15 days
413(4)If unpaid, bank takes possession of the asset, takes over management or sells it
514Bank can seek help of the District Magistrate / CMM to take physical possession
617Borrower can appeal to the DRT within 45 days
718Further appeal to the DRAT within 30 days, after depositing 50% of the dues (can be reduced to 25%)

SARFAESI thresholds and exclusions

  • Applies only when the outstanding is ₹1 lakh or more and the dues are at least 20% of principal plus interest.
  • Agricultural land cannot be taken under SARFAESI.
  • NBFCs with assets of ₹100 crore and above can use SARFAESI for loans of ₹20 lakh and above (from 2021).
  • CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest of India), set up in 2011, keeps a record of all security interests to prevent multiple loans on the same property.

Asset Reconstruction Companies (ARCs)

  • Registered with RBI under Section 3 of SARFAESI.
  • Buy bad loans from banks at a discount and try to recover them.
  • Minimum net owned fund: ₹300 crore (raised from ₹100 crore in 2022, approx).
  • First ARC: ARCIL (Asset Reconstruction Company (India) Ltd), 2003 (approx).
  • NARCL (National Asset Reconstruction Company Ltd), set up in 2021, is the “bad bank” for large stressed loans.

Debt Recovery Tribunals (DRTs)

PointDetail
LawRecovery of Debts and Bankruptcy Act, 1993 (earlier the RDDBFI Act)
Recommended byNarasimham Committee I (1991)
Minimum claim₹20 lakh (raised from ₹10 lakh in 2018)
AppealDebt Recovery Appellate Tribunal (DRAT)
NumberAbout 39 DRTs and 5 DRATs (approx)
Role under IBCAdjudicating authority for individuals and partnership firms

Insolvency and Bankruptcy Code (IBC), 2016

PointDetail
Recommended byBankruptcy Law Reforms Committee chaired by T.K. Viswanathan
RegulatorInsolvency and Bankruptcy Board of India (IBBI), set up 1 October 2016
Adjudicating authority (companies, LLPs)NCLT (National Company Law Tribunal)
Adjudicating authority (individuals, firms)DRT
AppealsNCLAT → Supreme Court
Minimum default to start insolvency₹1 crore (raised from ₹1 lakh in March 2020)

Who can start insolvency (CIRP)?

SectionApplicant
7Financial creditor (bank, bondholder)
9Operational creditor (supplier, employee), after a 10-day demand notice
10Corporate debtor itself

CIRP key rules

  • Moratorium (Section 14): once admitted, no new suits or recovery actions against the company.
  • An Interim Resolution Professional (IRP) takes over management; the Committee of Creditors (CoC), made up of financial creditors, decides the company’s future.
  • A resolution plan needs 66% of the CoC’s voting share.
  • Timeline: 180 days, extendable by 90 days; overall cap of 330 days including litigation (2019 amendment).
  • If no plan is approved, the company goes into liquidation.
  • Section 29A bars wilful defaulters and promoters of NPA accounts (among others) from bidding.
  • Pre-packaged insolvency (PPIRP) for MSMEs was added in 2021 (default of ₹10 lakh and above).

Liquidation waterfall (Section 53), simplified

  1. Insolvency process costs and liquidation costs
  2. Workmen’s dues (24 months) and secured creditors
  3. Other employees’ dues (12 months)
  4. Unsecured financial creditors
  5. Government dues and remaining secured creditors
  6. Other debts, then preference and equity shareholders

SARFAESI vs IBC vs DRT

PointSARFAESIDRTIBC
PurposeEnforce securityRecover debtResolve insolvency (revive or liquidate)
Court neededNoTribunalNCLT/DRT
Threshold₹1 lakh₹20 lakh₹1 crore (companies)
Unsecured loansNoYesYes

Exam-ready one-liners

  1. SARFAESI Act: 2002; demand notice under Section 13(2) gives 60 days.
  2. Borrower can appeal to the DRT within 45 days under Section 17 of SARFAESI.
  3. SARFAESI does not apply to agricultural land or loans below ₹1 lakh.
  4. DRTs were set up under the 1993 Act; minimum claim ₹20 lakh.
  5. IBC: 2016; regulator IBBI; adjudicating authority NCLT for companies.
  6. CIRP: 180 + 90 days, overall cap 330 days; CoC approval 66%.
  7. Minimum default under IBC: ₹1 crore (since March 2020).
  8. NARCL (2021) is India’s bad bank; ARCs need ₹300 crore NOF.

Related reading

Quiz: test yourself

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Based on the SARFAESI Act, the RDB Act, the IBC and RBI rules as reported. Thresholds can change; check the latest notifications.

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