Thereafter, the Defendant Bank had issued the Impugned Possession Notice dated 06.03.2022 u/s. 13(4) of SARFAESI Act (Page nos. 55 & 56 of main SARFAESI Act & page nos. 15 & 16 of Bank’s main Typed set). I also find that the Possession Notice is dated as 06.03.2022, whereas, in the index page the Bank has mentioned the date of Possession Notice is 06.03.2023. I also find that the Applicant also raised this issue as the date of Possession Notice given is prior to the date of issue of 2nd Demand Notice dated 22.11.2022. However, the Defendant Banks in their Reply Statement did not give the proper reply to this issue. I also find that the Bank has also filed xerox copies of AD Cards for having sent the copy of Possession Notice dated 06.03.2022 to the Applicants (page nos. 17 to 20 of Bank’s Typed set). Further, the Bank has also filed original Paper Publication made in respect of Possession Notice dated 06.03.2022 in both English & Tamil dailies published on 11.03.2023 (Page nos. 1 & 2 of Additional Typed set filed by the Defendant Banks), In English Paper Publication also I find that the date of Possession Notice is given as 06.03.2022. In Tamil Paper Publication, in Item no. 2, plot no. is wrongly mentioned as ‘54’ instead of ‘58’. Further, in the item no. 4 of Schedule of Properties, measurements are wrongly mentioned. Further, the Defendant Banks have also filed the original photos for having affixed the Possession Notice dated 06.03.2022 on the conspicuous part of the property (Page no. 3 of Additional Typed set filed by the Defendant Banks). However, the date of affixture of Possession Notice on the property is not known, but it is handwritten as “Possession Notice affixed on 06.03.2023”. Further, the details Hence, I find discrepancy in the particulars given in the Impugned Possession Notice dated 06.03.2022. Thus, I do not find that the Defendant Banks have strictly followed the SARFAESI procedures, while issuing Possession Notice to the Applicant.
