Date of Decision: 01.07.2024 JUSTICE R. D. KHARE, CHAIRPERSON 1. The present appeal has been filed U/s 18 of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) against the judgment dated 05/01/2021 passed by DRT, Patna, whereby the S.A No. 87/2018 filed by the respondents-borrowers was dismissed.

2. The brief facts of the present case are that the respondent No.1 is proprietor of M/s Maa Janki Traders, who was granted financial assistance by the appellant- Bank, to which respondent Nos. 2 and 3 stood as a joint guarantor and executed a Letter of Guarantee dated 30.08.2014 in favour of the appellant-Bank. Since the borrowers did not maintain the financial discipline, therefore, the account was classified as NPA on 31.03.2017 and Demand Notice under Section 13(2) of the SARFEASI Act was issued on 20.06.2017 for a sum of Rs. 25,94,147.90. Since the borrowers did not pay any heed to the said demand, therefore, the possession notice dated 23.11.2017 was issued under Section 13(4) of the said Act and the same was published in the newspapers on 25.11.2017.Thereafter, the appellant- Bank issued aucti