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Discussion > Civil Law > General Practice > VALIDITY OF SARFAESI / ANY LEGAL NOTICE SENT? PLS ADVISE...!   Unanswered Threads Post New Topic

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There are 8 Replies to this message


[ Scorecard : 296]
Posted On 24 August 2010 at 18:19 Report Abuse



Can you please let me know the validity of the SARFAESI / ANY LEGAL notice that has been sent...?


In other words, a SARFAESI notice has been sent to a borrower some 6 months back and then where the borrower and the lender (Bank Manager) had a mutual consent and the borrower started paying his dues since from the past 3 months even after the issuance of the 13(2) notice but still some of the dues were pending (almost 3 months due). However, the account becomes mobilized and the borrower started paying his dues without fail.


But again, the lender (BM) threatened the borrower that he may enact the 13(4) and take physical possession (without serving symbolic possession notice) of the mortgaged property if the 3 months due would not be paid immediately. But the borrower asked some more time to pay-back all his overdue, where the BM didn’t agree with the borrower and ended with some dispute.


So, in this case, whether the lender (BM) has to send a fresh copy of the SARFAESI Notice or the same sent earlier (6 MONTHS / 180 DAYS back) will be valid by this time? So, what is the VALIDITY of any Notice sent? Is there any timeframe for it? Here, what is the general practice / procedure? Pls advise!

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Bhavani Sankar Mahanti

Law Officer
[ Scorecard : 61]
Posted On 24 August 2010 at 18:39 Report Abuse

Dear Siva,

The Creditor need not to issue fresh notice.

Once Creditor already issued a notice under Sec 13(2). Creditior has to wait 60 days after issuing of notice under Sec 13(2). after completion of 60 days he is having right to take possession under Sec. 13(4) at any time.

Creditor no need to issue fresh notice under Sec 13(2).

Settlement of the loan terms  and conditions are discretion of the Creditor only. 


[ Scorecard : 1727]
Posted On 25 August 2010 at 13:56 Report Abuse

yes. No need of sending fresh notice. Action can be continued based on the earlier notice.

DEFENSE ADVOCATE.-firmaction@g

[ Scorecard : 16572]
Posted On 26 August 2010 at 16:11 Report Abuse

Lucknow bench of Allahabad High court in writ petition 11425 of 2008 has directed that if the objections of the debtor are not addressed by the creditor the notice of the creditor gets terminated and fresh notice giving fresh time limits have to be given., under  SARFAESI ACT.


B.Sc, B.L
[ Scorecard : 945]
Posted On 07 September 2010 at 16:58 Report Abuse

When ones a notice is issued, it will not come to an end unless there is fresh settlement of terms and conditions and agreement regarding payment of the amount due to the creditor. Even if payments are made after the issuance of notice, stil the creditor can posess the property in accordance with the notice.


[ Scorecard : 1727]
Posted On 07 September 2010 at 20:23 Report Abuse

As Mr. Shashikumar stated when there are objections by the debtor, then it has to be addressed and rejoinder has to be sent either accepting it or refusing it. Then only the Notice will have its value and can be acted upon after sending replies to the objections.

Shyam Ji Srivastava

Practising Lawyer
[ Scorecard : 1103]
Posted On 28 September 2010 at 22:24 Report Abuse




[ Scorecard : 296]
Posted On 28 September 2010 at 23:12 Report Abuse

Dear Sirs,

Pls, Can any one send me the guidelines / directions mentioned in the writ petition 11425 of yr. 2008, passed by Allahabad High Court - Lucknow Bench?

sudhir khandelwal

[ Scorecard : 22]
Posted On 13 January 2014 at 18:48 Report Abuse

bank has searv sarfaesi notice to guranter  on 2009 after then bank discus with lone and regularise the account without consult with guranter  and after two year on 2011bank serve notice again can it posible 

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