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Munish Kumar   31 March 2023

regarding misuse of surfaceyi act

Dear sir /Madam I belong to A/C Adivasi community group of members Sir in year 2017 I have taken homeloan 1.2cr and Was regularly paying emi till December 2020 And paid 30 EMI Appr. 30 lacs Than after due to pandemic corona and economic slow down of fail to pay emi till date Than after bank declare the account in default as NPA from 10-01-2021. My business shut and for same I have asked for financial help to President, PM, FM, CM, reserve bank,banks but nobody have help or neglect us though we belongs to A/C Adivasi Now bank letter as demand notice received on 9-02-2023 And with refer subject:- Notice under securitization 13(2) of securitization and reconstruction of financial assets and enforcement of security interest act, 2002. 1)As bank have given 60days and given demands and enforced threatening us as below A)in terms of provision 13(13) of the Act borrower/s are prohibited from transferring either by way of sale,lease or otherwise any of secured assests without prior consent of banks B)your kind attention is invited to provisions of sub- section (8) of section 13 of the sarfaesi act where under you can tender the entire amount of outstanding dues together with all costs, charges and expenses incurred by the bank only till the date of publication of the notice for sale of the secured assets by public auction,by inviting quotations ,tender from public or by private treaty.Please also note that if the entire amount of outstanding dues together with the costs, charges and expenses incurred by the bank is not tendered before publication of notice for sale of the secured assets by public auction, by inviting quotations, tender from public or by private treaty, you may not be entitled to redeem the secured assets ***** This is to inform you that before BANK DEMAND NOTICE Dated 9/02/2023 ***Receive first notice if bank adv as notice - RECALL NOTICE with dated 11/11/2021 ****Receive Second notice by bank as notice - Without Prejudice with dated 03/09/2022 *****Receive third notice by bank as notice - without prejudice with dated 05/01/2023 ***** Receive notice by bank as notice - DEMAND NOTICE with dated 09/02/2023 As on till date today I don't have (zero ) business per month As I been engineer and having 22 year of experience till date as I belong to adivasi group center government suppose to support and give us financial help Even i have not been taken any subsidy loan or received Pls guide us for your help as per you experience and expertise Awaiting for your valuable feedback Thanking you A/C Kamlesh MUMBAI -MAHARASHTRA


 4 Replies

Dr J C Vashista (Advocate)     01 April 2023

Be brief and specific to your problem avoid writing story.

1 Like

anubhav Bhatt   01 April 2023

Dear Client,
In that situation, you may challenge that Auction Notice before High Court for stay therein court may give some time and reconstruct your loan as per RBI norms and distribute 100 EMIs for more clarification you may contact us then I'll explain properly about your case.

Adv Anurag Bhatt
Allahabad High Court
📱 9198889990.
📧 advocateanuragbhatt@gmail.com

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 April 2023

The borrower can also approach the Debt Recovery Tribunal (DRT) and file an application for setting aside the demand notice and seeking a stay order on the auction proceedings. The borrower has to pay a fee of Rs. 1000/- for filing such an application, along with the necessary documents and affidavits.

Adv Syed Farhan Ali   08 April 2023

you can send reply of 13 (2) notice in section 13 3 a of sarfaesi act within 60 days of service of 13 (2)
for any assistance 9519970997

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