borrower to make the payment of Rs.2472550 as on 27.09.2021. The said demand notice was sent to the applicants through post on 27.10.2021 as evident from the postal receipt annexed with a counter affidavit as annexure – R/1, page 21. 1n order to prove the delivery of notice, annexed the tracking report of said postal dispatch as annexure R/2, page 23-31 which shows that the demand notice was delivered to the applicants on 02.11.2021. Thereafter, the respondent bank took symbolic possession of the property by issuing possession notice dated 09.02.2022. The possession notice was affixed on the secured asset as also admitted by applicants in its application. The possession notice was sent to the applicant no.2 through post on 18.02.2022 as evident from the postal receipt annexed with counter affidavit as annexure – R/4, page 36 but no tracking report has been filed to prove whether it was delivered or returned undelivered as there is specific allegation regarding non service of any notices. No proof of service of possession notice dated 09.02.2022 upon the applicant no. 1 has been filed. To prove the publication of possession notice the respondent bank annexed the copy of publication as annexure –R/5, page 37-38 which shows that the possession notice was published in “Sunmarg" and “Morning India" on 15.02.2022. However, on perusal of said publication it appears that it is not in the format of Appendix IV of the Rules. Also it is a composite publication of several other notices of possession over the properties and account not concerned with the loan in question.
