ORDER

1. This Appeal is directed against the Order of Learned Presiding Officer, DRT, Bangalore in SA 139/2014 dated

27.08.2014.

2. Appellant filed Application under Section 17(1) of Secutisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (hereinafter called SARFAESI Act, 2002) to set aside the order passed by the XI Additional Chief Metropolitan Magistrate, Bangalore in C. Misc No. 46/2011 dated 27.07.2011 passed under Section 14 of SARFAESI Act, 2002.

3. Learned Counsel for Appellant submitted that there was no proper service of Notice under Section 13(2) of SARFAESI Act, 2002. Rule 3 of the Security Interest (Enforcement) Rules, 2002, (hereinafter referred to as Enforcement Rules, 2002) requires the Demand Notice under Section 13(2) of SARFAESI Act, 2002, shall be delivered personally, or through registered post with acknowledgement due, or by Speed Post or by courier or by any other means of transmission of documents like fax message or electronic mail service; If there is reason to believe that the borrower is avoiding service of the notice, or for any other reason, service cannot be made for the aforesaid, the service shall be effected b