SARFAESI ACT

Querist : Anonymous (Querist) 08 July 2011 This query is : Resolved
NOTICE UNDER SECTION 13(2) WAS SERVED ON THE BORROWER BY THE BANK ON 25.08.09. ON 26.09.09 HE FILED OBJECTIONS TO THE TNOTICE. THE BANK FAILED TO GIVE REPLY TO THE SAME WITHIN STIPULATED PERIOD. INSTEAD ISSUED THE SAME NOTICE AGAIN WITH DATE CHANGE ON 23.12.09.
WHAT IS THE STATUS OF EARLIER NOTICE WILL IT BECOME INFRUCTIOUS?
CAN ANOTHER NOTICE BE ISSUED IN SUCH LIKE STIUATIONS, IF SO UNDER WHAT PROVISION OF THE ACT?
WHAT IF THE BORROWER CHALLENGED THE LEGALITY OF THE NOTICE?
WHAT STEPS THE BANK SHOULD TAKE IN SUCH SITUATIONS?
THE BORROWER MOVED TO HIGH COURT CHLLENGING THE VALIDITY. WHAT IS THE DEFENCE BANK SHOULD TAKE? I WANT TO KNOW FROM THE POINT OF BANK.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 09 July 2011
New notice can be issued , file objections again.

No need to go to HC, take objection for possession.

No forcible possession can be taken , if done file criminal complaint.

Advocate. Arunagiri (Expert) 09 July 2011
High Court has no jurisdiction, you have to approach DRT only.

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