1. The present appeal has been filed under section 18 of the Securitization and Reconstruction of financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “The SARFAESI Act”) against the order dated 11.12.2024, whereby the S. A. No. 339/2022 filed by the respondent-borrower has been allowed.

2. Brief facts of the matter are that the respondent No. 1-firm was granted a cash credit facility of Rs. 25 lacs on 14.01.2025 by the appellant-Bank for the purpose of work of contractor and supplier against the mortgage of land situated at Bramhpura, Muzaffarpur. Since the respondent no. 1-borrower did not maintain the financial discipline, therefore, the account was classified as NPA on 31.03.2021 and a demand notice under section 13(2) of the SARFAESI Act was issued for a sum of Rs.28,07,601.26. Since the borrower did not pay any heed to the said demand, therefore, the symbolic possession of the prop0erty in question was taken by the Bank by taking recourse to section 13(4) of the SARFAESI Act and the possession notice was issued on 07.01.2022. The said notice was duly served upon the respondent-borrower and was also affixed at the conspicuous place