Legal Manager

Legal Manager Interview Questions and Answers for Freshers

Updated 3 Aug 2024

Q1. Tell me about section 13 (8) of SARFAESI ACT and also explain pre requisites for issuing demand notice under SARFAESI ACT.

Ans.

Section 13(8) of SARFAESI Act allows the borrower to appeal against the measures taken by the bank under the Act.

  • Section 13(8) of SARFAESI Act states that the borrower can make an appeal to the Debt Recovery Tribunal (DRT) against the measures taken by the bank under the Act.

  • The pre-requisites for issuing a demand notice under SARFAESI Act include the borrower defaulting on repayment of the loan, the bank classifying the loan as a non-performing asset (NPA), and the bank serv...read more

Q2. Tell me something about Nclt and under which section financial creditors are defined. What is the procedure of liquidation.

Ans.

NCLT is a quasi-judicial body that adjudicates insolvency and company law cases. Financial creditors are defined under Section 5(7) of the Insolvency and Bankruptcy Code, 2016.

  • NCLT stands for National Company Law Tribunal.

  • It is a quasi-judicial body established under the Companies Act, 2013.

  • Financial creditors are defined under Section 5(7) of the Insolvency and Bankruptcy Code, 2016.

  • The procedure of liquidation involves appointing a liquidator, realization of assets, and dis...read more

Q3. What is the notice period under section 138 of NI act and also when the cause of action arises to file a case under section 138.

Ans.

Notice period under section 138 of NI act and cause of action to file a case.

  • Notice period under section 138 is 15 days from the date on which the payee receives the notice of dishonor.

  • Cause of action to file a case under section 138 arises when the cheque is dishonored by the bank due to insufficient funds or other reasons.

  • The payee must send a legal notice to the drawer within 30 days of dishonor of the cheque to give them an opportunity to make the payment.

  • If the drawer fa...read more

Q4. What do you know about the SARFAESI ACT.

Ans.

SARFAESI Act stands for Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

  • SARFAESI Act allows banks and financial institutions to auction residential or commercial properties to recover loans in case of default.

  • It provides a faster mechanism for recovery of non-performing assets without court intervention.

  • The Act empowers banks to take possession of the secured assets and sell them without the intervention of the court.

  • It app...read more

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