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Multiple 13(4) under sarfaesi

(Querist) 18 September 2015 This query is : Resolved 
Dear Experts,
Please comment on the below situation.
After 13(2) Notice against 3 Mortgaged properties, after completing the formalities u/s 13(3A) bank issued notice under 13(4) against 1st property.
Within 45 days the Borrower challenged all actions like 13(2), 13(3A) & 13(4) by paying full court fee applicable as per the claim in 13(2). Matter is listed for January 2016.
Meanwhile bank issues second 13(4) notice against the 2nd property, which is situated in another State. Borrower wants to file a put up petition annexing the second 13(4) for early hearing of the application already filed under 17(1)
But the Registrar DRT says for the second 13(4) put up cannot be allowed and the borrower must file another 17(1). IS IT CORRECT?
How many times the borrower need to pay the court fees to challenge an illegal 13(2) notice? Only because he cannot approach DRT before 13(4) the challenge was made after first 13(4)
P. Venu (Expert) 18 September 2015
Are the properties covered by common mortgage or seperate mortgages?
Terry DCruz (Querist) 18 September 2015
The Loan Agreement is One (common) for all properties.
But title deeds are three. Deposited in the bank separately under the same loan agreement.
Nadeem Qureshi (Expert) 19 September 2015
yes, it is correct if you file a SA To challange the notice and proceedings of Financial institutions under section 13(4) of SARFAESI before the DRT and after that if again 13(4) notice issued for another property then another SA have to be filed before DRT along with the Fee.

Vijyant Nigam (09807349001) (Expert) 20 September 2015
Registrar is ... . He is not a Presiding Officer.

File an application for amendment in the previous SA n challenge the second notice under section 13(4). All the notices will be challenged through the first SA.

Second SA is not required.

Registrar से कह दो की फाइल और नयी ऍप्लिकेशन को कोर्ट भेजे। उसका बस इतना ही काम है। वो सिर्फ एक पोस्टमैन है। कानून बताना हमारा काम है और सुनना कोर्ट का काम है।।।
Vijyant Nigam (09807349001) (Expert) 20 September 2015
All the subsequent actions of the bank will accrue from the same cause of action. Hence their actions will be challenged through the single petition.

Terry DCruz (Querist) 20 September 2015
Thanks Mr. Vijyant Nigam. U Truly are an Expert!


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