Auction under sarfaesi


Hi

In a case, bank has auctioned a property under SARFAESI. The bank served the 30 days notice period and publication as per Rule 8, however affixation was not done. The Borrower has also recieved the newspaper clipping personally and has signed on the newspaper clipping.  

Now he is challenging the sale saying that it was not in his knowledge. I know, the law under SARFAESI is very strict and provision with respect to notice has to be strictly complied. Now my point of contention is that when the Borrower recieved the newspaper clipping personally, the whole purpose of notice under SARFAESI was complete/achieved as the sale notice came to his knowledge. Now even if affixation was not done, sale notice cannot be challenged. Can this be a valid ground? If someone has case laws wrt, please give the details

Regards

 

 
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