Legality of Sarfaesi notice u/s 13(2) when 13(4) executed.

s.loganathan (Querist) 10 April 2010 This query is : Resolved
Sarfaesi 13(2) issued & after 60 days possession u/s 13(4) taken. Unfortunately, Bank fails to make mandatory paper publication. No correspondence or notification issued in respect of defaulted paper publication.Limitation to challenge 13(4) possession not over, but Bank issues a fresh 13(2). By law, the Bank has taken possession of my property and has not restored it to me, but they issue another demand notice u/s 13(2) in view of the same property. No reference is made to the first notice in the second notice. When a statutory action is effected u/s 13(4) and is in progress, can the Bank revert back to a 13(2) provision for the same property?

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Kiran Kumar (Expert) 11 April 2010
no bank can not revert back, the whole proceedings are illegal now.....approach the DRT having jurisdiction over the property in dispute.

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