No.3 as evidenced by hersignature. In fact, the said notice is published in two daily newspapers.So, thereis deemed service of said notice on the Applicants. It is pertinent to note that the said sale notice is published in daily newspapers on 23.09.2023 and the date of auction is fixed on 27.10.2023. As per the amended provisions of Section 13(g) of SARFAESI Act, 2oo2, the borrower/mortgagor is having right to redeem the mortgaged property by paying the entire dues to the secured creditor before the date of publication of notice for public auction. So, when the moment, the sale notice is published by the secured creditor in the newspapers, the borrower/mortgagor looseshis right to redeem the mortgaged property. In the instant case, the sale notice u/r g(6) of Rules, 2oo2 is issued on 21.09.2023 whereas the publication in newspapers is made on 23.09 .2023. So in view of the publication of the sale notice by the Respondent bank on 23.09.2023 in newspapers, the Applicants lost their valuable right to redeem the schedule propert5r. So, the impugned Sale Notice dt.21.O9.2023 fixing auction of the schedule property on 27.10.2023 without giving clear thirty days time to the Applicants to redeem the secured asset is bad in law and it was issued in violation of Rule8(6) of Security Interest (Enforcement) Rules, 2OO2. So, this point is answered accordingly.
