Fresh Sarfaesi 13(2) notice while 13(4) executed.
s.loganathan
(Querist) 29 March 2010
This query is : Resolved
Sarfaesi 13(2) issued and subsequent possession u/s 13(4) taken by affixing notice. No paper publication of possession notice has been made within limitation. I am in the midst of filing my application before the DRT. Now, the Bank issues a 'Fresh Notice' u/s 13(2). The Bank has not withdrawn the first notice or have not re-conveyed possession of my property. Can the Bank issue a second notice when the limitation for my application before the DRT is still in force for me to get my property re-conveyed? Is it not some kind of lis pendence or circumvention of my fundamental rights?
Kiran Kumar
(Expert) 30 March 2010
u ve got a good ground now to put the bank in trouble, file ur petition before DRT immediately and get the bank to compromise table.
Raj Kumar Makkad
(Expert) 30 March 2010
In the given case you should immediately file a petition before DRT bringing therein all facts and illegal actions taken on the part of bank. I hope you shall get justice therefrom.
s.loganathan
(Querist) 30 March 2010
Thanks! Without doubt I am filing an application in the DRT. Can anyone tell me as to the illegality of the 'Fresh" notice? Any reference or citation would help tremendously.
