Undue / illegal recall notice under section 13(2) of sarfaes

Dear All,

 I have a small query.

Is13 (2) notice issued under SARFAESI  and  marked as "Without Prejudice', a valid and enforceable notice?. I feel that statutory notice cant be issued without prejudice or with any separate reservation of powers, other than what the statute has provided.

Discussion welcome. Any case law?

With the addition that 'without prejudice" the bank may be intending to take other recovery measures by filing suit in civil court  or DRT.

Yes. It is a valid and enforceable notive even if 'without prejudice' has been mentioned therein.

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Hi to all experts,

As I mention that we have pending case under SARFAESI ACT IN DRT? We also got stay on sale of property?

Now the Said Bank have file civil suit in civil court for recovery demanding permeation sale of property? In The plaint of bank mention about Notice u/s 13(2) but not mention DRT case? Not mention about stay order?

Dos bank can overrule the Law?

Dos Civil court overrules the DRT stay order?

How can the action of bank is “Without Prejudice”?

What we proposed to do?

Raj

1. Civil Court has no jurisdiction to try this matter since it falls under the jurisdiction of DRT,

2. File an application under Order 7 Rule 11 for rejection of the suit duly mentioning that the matter is already pending before DRT.