Published on: March 19, 2026
Many borrowers panic when they receive a notice under SARFAESI Act 2002.
A notice under Section 13(2) is the first legal step toward seizure of secured property by banks.
Ignoring it can eventually lead to:
• property possession
• public auction
• eviction
Under SARFAESI Act 2002, banks can recover secured loans without filing a civil suit.
The 13(2) notice demands repayment within 60 days.
If the borrower fails, the bank may proceed to:
• possession of property
• sale of assets
• auction of property
Borrowers have several legal protections:
• Right to reply to the notice
• Right to challenge illegal action
• Right to approach DRT
The Supreme Court held that borrowers must be given an opportunity to raise objections before banks proceed further.
Experienced lawyers often challenge:
• defective notices
• incorrect loan calculations
• violation of procedure
At KHA Advocates, we assist borrowers with:
• Drafting legal replies to SARFAESI notices
• DRT litigation
• Settlement negotiations with banks