JUDGMENT

Date of Pronouncement: 27.05.2026

JUSTICE R. D. KHARE, CHAIRPERSON

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 13.02.2020, whereby the S. A. No. 340/2015 filed by the appellant has been dismissed.

2. The relevant facts of the present case are that the appellant was granted a housing loan of Rs. 2.00 lacs in the year 2006 and the same was secured by the appellant by mortgaging the property in question and deposited the original title deed with the Bank. Since the appellant-borrower did not maintain the financial discipline therefore, the account was classified as NPA and demand notice dated 22.05.2009 was issued under section 13(2) of the SARFAESI Act for a sum of Rs.2,43,450/- as on 22.05.2009. Since the borrower did not pay any heed to the said demand, therefore, the respondent-bank issued possession notice dated 27.06.2015 under section 13(4) of the SARFAESI Act, which was affixed on 27.06.2015 and sent to the borrower on 02.07.2015 through registered post and the same was published i