Can Lawyers Issue Notices for Seizing of Assets under the Securitization Act?

Can Lawyers Issue Notices for Seizing of Assets under the Securitization Act?

In a far reaching judgment in the case of Sampoorna Battu vs. ICICI Bank & Anr., a Division Bench of the Andhra Pradesh High Court has quashed a notice issued by a lawyer on behalf of a financial institution, for seizing assets of a defaulting loan payer. Issuance of such notice by the advocate was declared as being null and void and ultra vires the provisions of the Securitization Act.

The question that came up for consideration of the court in the said case was whether an advocate of a bank / financial institution can be treated as an “authorized officer” for the purpose of Section 13(2) read with Section 13(12) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘Securitization Act’) and the Rules 2(a) and (b) of the Security Interest (Enforcement) Rules, 2002 (“the Rules”).

The petitioner, Sampoorna Battu, availed a housing loan from ICICI Bank agreeing for deduction of loan instalments from her salary. She also mortgaged immovable property to secure the said loan. Subsequently, she defaulted in paying the loan. The financial asset after being declared as a “non-performing asset” was transferred to the second respondent, financial institution, which got a notice of demand issued through its advocate, to the petitioner under Section 13(2) of the Securitization Act. The notice was also countersigned by the authorized officer of the financial institution. Upon the petitioner’s failure to repay the loan pursuant to the said notice, the financial institution issued a possession notice under Section 13(4) of the Securitization Act, cautioning the general public not to deal with the secured asset in any manner as it had been taken possession of by the Financial Institution. The petitioner filed a writ petition assailing the notice of demand under section 13(2) for want of jurisdiction and impropriety. The Petitioner contended that the notice having been issued by an advocate, who was not an authorized officer, the entire proceeding was vitiated. The financial institution defended the notice by stating that the said notice was countersigned by its authorized officer and hence, the action initiated under the act was not vitiated.

After due consideration of the provisions of the Act as well as the definition of “authorized officer” provided under Rule 2(a) of the Rules, the Court held that a conjoint reading of Section 13(2) and Rule 2(a) would establish that it is only the Chief Manager of a bank or equivalent as may be specified by the Board of Directors of the secured creditor or any other person or authority exercising powers of superintendence, direction and control of the business or affairs of the secured officer, who is an “authorized officer” for the purpose of Section 13(2) read with Section 13(12) of the Securitization Act. The Court further held that an advocate, even if instructed by a bank or financial institution or even if specified by the Board of Directors, could not be treated as an “authorized officer” for the purposes of the Act. The court went on to hold that even if the Board of Directors of a public sector bank specified an advocate to be an authorized officer, such an action would be ultra vires the provisions of the Securitization Act. As such, under no circumstances could it be said that an advocate was an “authorized officer” for the purposes of the Act and accordingly, the notice of demand was held to be without jurisdiction and ultra vires the provisions of the Securitization Act. It was further noted by the Court that countersigning of the notice by an authorized officer of the financial institution would not rectify the inherent error there in.

The judgment is a good precedent for curbing the practice of advocates stepping into the shoes of banks / financial institutions and issuing faulty notices of demand to defaulting loan payers.

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    I am Sonya, base in California. I fell victim to a fraudulent crypto asset scam after scammers directed me to the website “liquldohn.com/h5.”I met Fergus Lee through LinkedIn, and we then communicated through the online app Line. Fergus showed me how to set up an account on Crypto.com and gave me the link to “liquldohn.com/h5.” I started with $3,000 and got back $1,607 on the first trade. Fergus then convinced me to withdraw from my 401(k) retirement account, and transfer to Liquldohn. I sent almost $90,000 in three separate transactions. At some point, I believed I had made a profit of more than$200,000. But when I tried to withdraw the funds, Liquldohn’s “customer service” told me my account would be frozen and I would have to deposit $28,000to” unfreeze” it. I have not been able to recover funds until someone I know recommended “HACKWEST AT WRITEME DOTCOM” whom I contacted immediately and gave him all the necessary information and also funded the recovery process; although it wasn’t expensive and I am glad I did. West recovered all my money and also reviewed the identity of the Romanian scammer to me which I submitted to the Interpol. I will always recommend Hack West to everyone who needs their services.

  51. sonya hackney says on 22 Oct 2023

    I am Sonya, base in California. I fell victim to a fraudulent crypto asset scam after scammers directed me to the website “liquldohn.com/h5.”I met Fergus Lee through LinkedIn, and we then communicated through the online app Line. Fergus showed me how to set up an account on Crypto.com and gave me the link to “liquldohn.com/h5.” I started with $3,000 and got back $1,607 on the first trade. Fergus then convinced me to withdraw from my 401(k) retirement account, and transfer to Liquldohn. I sent almost $90,000 in three separate transactions. At some point, I believed I had made a profit of more than$200,000. But when I tried to withdraw the funds, Liquldohn’s “customer service” told me my account would be frozen and I would have to deposit $28,000to” unfreeze” it. I have not been able to recover funds until someone I know recommended “HACKWEST AT WRITEME DOTCOM” whom I contacted immediately and gave him all the necessary information and also funded the recovery process; although it wasn’t expensive and I am glad I did. West recovered all my money and also reviewed the identity of the Romanian scammer to me which I submitted to the Interpol. I will always recommend Hack West to everyone who needs their services.

  52. sonya hackney says on 22 Oct 2023

    I am Sonya, base in California. I fell victim to a fraudulent crypto asset scam after scammers directed me to the website “liquldohn.com/h5.”I met Fergus Lee through LinkedIn, and we then communicated through the online app Line. Fergus showed me how to set up an account on Crypto.com and gave me the link to “liquldohn.com/h5.” I started with $3,000 and got back $1,607 on the first trade. Fergus then convinced me to withdraw from my 401(k) retirement account, and transfer to Liquldohn. I sent almost $90,000 in three separate transactions. At some point, I believed I had made a profit of more than$200,000. But when I tried to withdraw the funds, Liquldohn’s “customer service” told me my account would be frozen and I would have to deposit $28,000to” unfreeze” it. I have not been able to recover funds until someone I know recommended “HACKWEST AT WRITEME DOTCOM” whom I contacted immediately and gave him all the necessary information and also funded the recovery process; although it wasn’t expensive and I am glad I did. West recovered all my money and also reviewed the identity of the Romanian scammer to me which I submitted to the Interpol. I will always recommend Hack West to everyone who needs their services.

  53. Sophia Richardson says on 23 Oct 2023

    I’m one of those few people who invested in the cryptocurrency market and was hoping to make enough profits after my retirement. Unfortunately, I had invested in a platform that was out to steal from me, I lost around $275,000 to this platform excluding the promised profits. I had lost every penny I invested into it including the money I had to borrow from friends. I thought it was all over until I came across a Cryptocurrency recovery expert, Elite Wizard Bitcoin Recovery, who helped me recover my money from these fake investors. It took Elite Wizard Bitcoin Recovery 48 hours to recover my money and I was able to track down these people. I’m truly grateful for their service and I highly recommend them to anyone with the same problem. Email: eliterecovery247@cyber-wizard.comCall/WhatsApp 1 (805) -386-9670

  54. Cindy Scott says on 27 Oct 2023

    I could not forgive myself after falling victim to a fake cryptocurrency investment scheme I saw on Facebook, I thought it was a good means for me to make profits as I was getting close to retirement and I also saw reviews under the post that made me believe in the fake investment company called Bitblender. I became depressed and suicidal after losing almost $ 291 k worth of bitcoin to this fake company, until I summoned courage to discuss it with my younger sister who then introduced me to this hacker that she went to the same college with, that the hacker could help me recover the bitcoin, at first I was very reluctant as I thought it was absolutely impossible for the funds to be recovered, I then decided to give it a trial and it was like magic how the hacker named Refund Policy was able to help me recover my funds in less than 24hrs. I will forever be grateful to Refund Policy and I am going to drop their contact details here in case anyone has also been a victim of these scams. Their e mail address is refundpolicy82 @ g mail. Com and their WhatsApp number is 1. 915. 612. 6883. They can also help you investigate a cheating partner. Do not hesitate to get in touch with them.

  55. Harry Garnet says on 02 Nov 2023

    I’m very happy to recommend the services of Spyweb Cyber Security Services for helping me recover the cryptocurrency funds that were locked in my investment account. I had invested the amount of $230,000 into a trading account and I was denied the chance to withdraw my funds when my account was locked. They kept requesting more fees until I realized this is a scam. I was introduced to Spyweb Cyber Security by my colleague at work who told me of their experience and professional services in helping cryptocurrency scam victims recover their stolen crypto funds. I’m truly grateful for their help and I highly recommend Spyweb Cyber Security Services to everyone out there who needs to recover their cryptocurrency funds.Spyweb Cyber Contact Information:E-mail: Spyweb@cyberdude . comWhats App: 1 (323) 904 ‑ 8824

  56. Marna Gonsales says on 03 Nov 2023

    Although losing my Bitcoin was wrenching Digital Assets Recovery made me ecstatic afterwards. My Bitcoin was saved from the abyss by their skillful manipulation. In recent years, we have witnessed a significant rise in the occurrence of crypto theft, leaving investors vulnerable and concerned. As the popularity and value of cryptocurrencies soar, so does the interest of cybercriminals in targeting these digital assets. Understanding the motives and methods behind crypto theft is crucial in safeguarding our investments and ensuring a secure digital landscape. The impact of crypto theft extends beyond financial loss. For those who fall victim to such crimes, the emotional toll can be equally burdensome. Imagine the frustration and despair of losing your hard-earned money due to the actions of malicious individuals. The need for trustworthy and effective solutions has never been more pressing. My gratitude is eternal to Digital Assets Recovery. For proper interaction, Contact Digital Assets Recovery via: digitalassetsrecovery(@)writeme.com

  57. Susan Anthony says on 05 Nov 2023

    Yes, it is possible to recover Bitcoin that you have sent to the wrong wallet address. Services like Digital Assets Recovery specialize in helping individuals recover misplaced or misdirected Bitcoin. However, it is important to act swiftly and seek professional assistance as soon as possible to increase the chances of successful recovery. To recover stolen Bitcoin, Digital Assets Recovery combines modern technologies with professional analysis and investigative methods. To create efficient recovery plans, their team of experts carefully reviews the transaction specifics, blockchain logs, and other pertinent data. To ensure the best possibilities of success, they use their knowledge and state-of-the-art resources to locate the funds and start the recovery procedure. their webpage is www.digitalassetrecovery.info They adhere to strict privacy protocols and utilize secure, encrypted systems to protect sensitive data. Your personal details and the details of your Bitcoin transactions will be handled with the utmost care and professionalism. It is recommended to reach out to Digital Assets Recovery as soon as you realize the mistake to initiate the process promptly. Email: digitalassetsrecovery(@)writeme.com

  58. jennifergreenland says on 13 Nov 2023

    My misplaced cash of roughly $180k were found and recovered. I had my trading money unloaded by a broker who for three months refused to give me access to my trading account, and I had no idea that I would be able to recover it. i was able to get my money back without any hassle makes me quite happy. Elite Wizard Bitcoin Recovery, who earned a reputation as a licensed binary options recovery specialist, is a technician I would really like to thank. Your broker manager is recommending that you make further deposits before making a withdrawal if you have money in your account that you intend to take out. Please get in touch with Elite Wizard Bitcoin Recovery using the information below if you are unsure how to proceed. In a matter of days, they will demonstrate to you the guild lines to recover your stolen funds.Email: eliterecovery247@cyber-wizard.com or mailus@elitewizardrecovery.comWebsite: https://elitewizardrecovery.com/index.htmlCall: 1 (256)-472-0901WhatsApp 1 (805) -867-7702

  59. Clifford Ryan says on 14 Nov 2023

    Cyber crime has taken over the internet, the rate of fake testimonies on crypto recovery over the internet is unbearable and this has made a lot of real companies to be seen as evil, i’m writing this to help terminate fake reviews, i have been scammed by 4 different fake hacker and i want to reveal the real hacker who finally did my job and recovered my scammed funds for me, a big thanks to https://centurycyberhacker.pro don’t fail to reach out to them for help, they are the trusted once cause i have personally used their services and i was very much satisfied with century@cyberservices.com Telegram: @Marvels109

  60. Bishop Lucas says on 21 Nov 2023

    THE BEST AND MOST TRUSTED BITCOIN HACKER. I was scammed over ( $98,900) by someone I met online on a fake investment project. I was in total dismay when I lost my entire savings investing in cryptocurrency, I was contacted online by a lady through email pretending to be an account manager of a bank, who told me I could make double my savings through cryptocurrency investment, I never imagined it would be a scam and I was going to lose everything. It went on for weeks until I realized that I had been scammed. All hope was lost, I was devastated and broke, fortunately for me, I came across an article on my local bulletin about Geo Coordinates Hacker security company. I contacted them and provided all the information regarding my case, I was amazed at how quickly they recovered my cryptocurrency funds and were able to trace down those scammers. I’m truly grateful for their service and I recommend them to everyone who needs to recover their funds. I urge you to contact them if you have lost your bitcoin USDT or ETH through bitcoin investment. You can easily reach them via Email: geocoordinateshacker@proton.me.

  61. Bishop Nice says on 21 Nov 2023

    THE BEST AND MOST TRUSTED BITCOIN HACKER. I was scammed over ( $98,900) by someone I met online on a fake investment project. I was in total dismay when I lost my entire savings investing in cryptocurrency, I was contacted online by a lady through email pretending to be an account manager of a bank, who told me I could make double my savings through cryptocurrency investment, I never imagined it would be a scam and I was going to lose everything. It went on for weeks until I realized that I had been scammed. All hope was lost, I was devastated and broke, fortunately for me, I came across an article on my local bulletin about Geo Coordinates Hacker security company. I contacted them and provided all the information regarding my case, I was amazed at how quickly they recovered my cryptocurrency funds and were able to trace down those scammers. I’m truly grateful for their service and I recommend them to everyone who needs to recover their funds. I urge you to contact them if you have lost your bitcoin USDT or ETH through bitcoin investment. You can easily reach them via Email: geocoordinateshacker@proton.me.

  62. Margaretgotti says on 24 Nov 2023

    Die zunehmende Popularität und der zunehmende Wert von Bitcoin haben die Aufmerksamkeit von Cyberkriminellen auf sich gezogen und zu einem Anstieg von Diebstählen, Betrügereien und verlorenen Vermögenswerten geführt. Infolgedessen ist die Nachfrage nach effektiven Bitcoin-Wiederherstellungsdiensten erheblich gestiegen. Die hohe Bitcoin-Wiederherstellungsrate, die von Digital Assets Recovery, einem führenden Dienst auf diesem Gebiet, erreicht wird. Durch das Verständnis der Faktoren, die zu ihrem Erfolg beitragen, und der Rolle fortschrittlicher Technologie können Einzelpersonen ihre Bitcoin-Vermögenswerte besser schützen und bei Bedarf professionelle Wiederherstellungsdienste in Anspruch nehmen. Ohne Expertenwissen und erstklassige Tools können die Chancen, verlorene Bitcoin erfolgreich zurückzugewinnen, leider genauso gering sein wie Ihre Chancen, im Lotto zu gewinnen. Hier kommen die Zauberer des Internets ins Spiel – das außergewöhnliche Team hinter Digital Assets Recovery. Digital Assets Recovery ist keine durchschnittliche technische Support-Hotline. Sie sind die Superhelden in Umhängen oder vielmehr Kapuzenpullovern, die bereit sind, verstörten Bitcoin-Besitzern zu Hilfe zu kommen, die den Zugang zu ihren digitalen Vermögen verloren haben. Digital Assets Recovery ist auf die Wiederherstellung verlorener oder unzugänglicher Bitcoins spezialisiert und bietet einen Hoffnungsschimmer für diejenigen, die dachten, alles sei verloren. Digital Assets Recovery bietet eine Reihe von Dienstleistungen an, die auf die besonderen Bedürfnisse von Bitcoin-Besitzern in Not zugeschnitten sind. Ihre Webseite ist www.digitalassetrecovery.info Von der Passwortwiederherstellung bis zur Brieftaschenwiederherstellung nutzt ihr Team aus Techno-Zauberern ihr Fachwissen, um durch das komplizierte digitale Labyrinth zu navigieren und zu retten, was einst unwiederbringlich schien. Besuchen Sie die Website von Digital Assets Recovery, um mehr über ihre Dienste zu erfahren: digitalassetsrecovery(@)writeme.com

  63. Asorehackcorp says on 29 Nov 2023

    ARE YOU A VICTIM OF INVESTMENT OR NFT SCAM? DO YOU WANT TO INVESTIGATE A CHEATING SPOUSE? DO YOU DESIRE CREDIT REPAIR (ALL BUREAUS)? SCHEDULE A MEETING WITH AN ETHICAL HACKER ASAP TO GET STARTED.ASOREHACKCORP is a financial regulator, private investigation and funds recovery body. We specialize in cases as regards ETHICAL HACKING, CRYPTOCURRENCY, FAKE INVESTMENT SCHEMES and RECOVERY SCAM. We are also experts in CREDIT REPAIR, we analyze what’s impacting your score. All software tools needed to execute RECOVERIES from start to finish are available in stock.Kindly NOTE that the available tools does NOT apply to CREDIT FIX.Be ALERT to FALSE reviews and testimonies on the internet, the authors and perpetrators unite to form a syndicate.Contact our team as soon as you can via the email address below to book a mail meeting with an ethical hacker.asorehackcorp@gmail.comStay Safe out there !

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