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Terry DCruz (Manager)     16 September 2015

Multiple 13(4) notice - remedy thereto

Dear Experts,

Please comment on the below situation.

After 13(2) Notice agaist 3 Morgaged 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 agaisnt 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 allaowed 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)  


 1 Replies

RAJU O.F., (Advocate)     21 September 2015

You prefer Application under Sec.17 of the SARFAESI Act against the 2nd and 3rd Possession Notices in the jurisdiction DRT by making nominal payment of court fee and produce evidence in that DRT, of payment of full court fee paid in another DRT for the same dues.


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