vijay srivastav 19 August 2019

u/s 14 of s.a.r.f.a.e.s.i act 2002

dear sir from a year or two a trend has been set up by the chief metropolitan magistrate kanpur to notify the borrower asking him for any objection to proceed in the process of giving possession to bank, the bank has already issued notices u/s13(2)&13(4) of s.a.r.f.a.e.s.i act and sale of the property has also been made through e - auction what is the remedy to it as according to law there is no need to notify the borrower

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G.L.N. Prasad (Retired employee.) 20 August 2019

Can you please state in what way it affects the case ?. This is extraordinary precaution to rule out objections from borrower later and to record facts at an early stage.. An application can also be filed that these notices are not required and there is delay in those process that is not required under law. Some advocates / affected citizens can also file a complaint against such decisions to High court stating correct law that such notices are not required and the decisions are being delayed by these additional hurdles.

(Maybe there is a delay, I know where these cases take more than two decades in DRT)