the borrower/mortgagor/guarantor and after declaring the account as. NPA on 05.12.2021 as per RBI guidelines the borrower has not cleared the dues of the respondent FL Further, the respondent FI has issued the demand notice dated 09.12.2021 under Section 13 (2) of the SARFAESI Act, 2002 thereby calling upon the borrower/mortgagor/ guarantor to pay the dues of the respondent bank within 60 days, but despite receiving the said demand notice these borrower/mortgagor/guarantor failed to give objection under Section 13 (3A) of the SARFAESI Act, 2002 and since the borrower/mortgagor/guarantor has failed to pay the dues of the respondent bank, which is public money, within 60 days, therefore, the respondent FI has proceeded further under the SARFAESI Act, 2002 and the Security Interest (Enforcement) Rules, 2002 to recover its dues by auctioning the property in question on 29.06.2023. Admittedly, the borrower/mortgagor/ guarantor has not denied about the availment of the loan facilities from the respondent FI against the mortgage of the property in question. Further, there is no illegality or irregularity in the measures taken by the respondent FI under the SARFAESI Act, 2002 by issuing the demand notice dated 09.12.2021 under section 13(2), symbolic possession notice dated 15.09.2022 under section 13 (4) and the sale notice dated 22.05.2023 qua the property in question.
