Sarfaesi act possession reg

section `13(2) is for symbolic poss,i.e., his property is due for action ,due to non payment of dues, 13(4) is physical poss, i.e, the bank can take possession of the property without any hindrance,provided it has fulfilled all the basic requirements for enforcing 13(4), II, the customer can move DRT on pasting 13(2) itself no need for him to wait till 13(4), III, the customer had replied for your query,whether it is vague or absurd the court had to decide, when 13(2) is in force what is the n eed for going new 13(2), unless and until the bank had withdrawn the proceeding under 13(2), there is no need to go for a new notice.

Raghavan Sir,

Thanks for your reply. I am the customer. Banks clarification is vague. Please advise on points 3 and 4 with this perspective please. Thanks

if u are the customer,when u have replied to the notice to the bank within the stipulated time of 60 days and moved  DRT to stay proceedings, your reply will be taken in to consideration during course of trial to some extent, but it is mandatory.  when 13(2) is in force , the bank can operate anytime after mandatory 60 days time to evict the client and take over his property, under section 13(4),as i said earlier only when the bank has withdrawn 13(2) it will be in aposition to go for new notice,otherwise it can proceed with the old petiton, if they are going to issue new 13(2),(the bank will not do so),the same can be used as evidence in your trail,against bank. 

Sorry to rally the questions...

I have raised my objection to 13[2] within 60 days but assumed to approach DRT only upon receipt of 13[4], thus 60 days have already expired. I have read that borrower can approach and appeal with DRT within 45 days of receipt of notice under 13 [4] and not before. Correct me, if this interpretation is wrong. I haven't received banks clarification within 7 days. I consider my objections genuine. What options do I have now ?

Is my understanding wrong that my appeal with DRT would be rejected as notice under 13[4] is neither served nor any action has been taken by the bank yet as per 13 [4] ?  What is suit SA vs Appeal ?

i donot understand why u are bothered about 13(4)now, u r confined with 13(2) only,failure to repay the outstanding stated in 13(2) or initiating necessary legal proceeding with the stipulated time,will impress upon the bank to proceed with 13(4) actions,as i said earlier u have to contest 13(2) as of now, if u have decided to ignore 13(2) petition and want to contest 13(4) proceeding that wont  be useful.

i am not inclined to entertain further queries on this matter.

OK, Sir. I appreciate your valuable advice. Thanks a lot.