SARFAESI Auction Notice in Patna · Rule 8(6) & Rule 9(1) · BR/1115/2023
Facing a SARFAESI auction notice in Patna? The SARFAESI auction notice must give you a clear 30-day period under Rule 8(6) read with Rule 9(1) of the Security Interest (Enforcement) Rules, 2002. Advocate Simran Kumari handles the complete SARFAESI auction notice process for Patna borrowers — from verifying the SARFAESI auction notice service and publication, through compiling the SARFAESI auction notice documents and challenging the auction, to the SARFAESI auction notice remedy before DRT Patna and the Patna High Court. This is the definitive SARFAESI auction notice guide for Patna.
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SARFAESI auction notice process under Rule 8(6) and Rule 9(1), SARFAESI auction notice documents, SARFAESI auction notice remedy, 30-day notice computation and DRT Patna procedure.
iiAdvocate-assisted SARFAESI auction notice verification, SARFAESI auction notice process challenges, documents compilation and SARFAESI auction notice remedy before DRT Patna.
iiiSend your SARFAESI auction notice, possession notice or sale notice and get a same-day SARFAESI auction notice assessment from Kankarbagh.
SARFAESI auction notice received in Patna? The 30-day redemption window is running.
Under Rule 8(6) read with Rule 9(1) of the Security Interest (Enforcement) Rules, 2002, the authorised officer must serve the borrower a SARFAESI auction notice of 30 clear days before the sale. The Supreme Court in Mathew Varghese v. M. Amritha Kumar has held that the use of "or" in Rule 9(1) must be read as "and" — both individual notice and newspaper publication are mandatory. Once the SARFAESI auction notice is published, the borrower's right of redemption is extinguished under the amended Section 13(8). A Section 17 application before DRT Patna must be filed within 45 days.
Understanding the SARFAESI auction notice process is the first step to protecting your rights before the Debt Recovery Tribunal in Patna.
Every SARFAESI auction notice in Patna is processed through the official DRT portal and the Patna High Court. The links below are the official portals referenced throughout this SARFAESI auction notice guide.
DRT Patna — forum for SARFAESI auction notice in Patna
DRT Patna is located at the 2nd Floor, A, B & F Wing, Karpuri Thakur Sadan, Kendriya Karmchari Parisar (GPOA), Ashiana Digha Road, Patna – 800025. The Debt Recovery Tribunal in Patna exercises territorial jurisdiction over the entire state of Bihar for SARFAESI auction notice matters. Appeals against DRT Patna orders lie to the DRAT Allahabad under Section 18 of the SARFAESI Act.
Every SARFAESI auction notice sub-topic is organised below by stage — from the Section 13(2) demand notice to the Patna High Court.
A review of the leading DRT Patna pages shows a consistent pattern: most list the 30-day period without explaining the SARFAESI auction notice process, the SARFAESI auction notice documents checklist, the Supreme Court precedent on the "or" in Rule 9(1) or the Patna High Court authority on SARFAESI auction notice remedy.
| Gap observed | What most competitor pages do | What this SARFAESI auction notice in Patna hub does instead |
|---|---|---|
| No SARFAESI auction notice process | Mentions "30 days" without explaining the rule 8(6) and Rule 9(1) interplay, the newspaper publication requirement or the affixing on property | Complete SARFAESI auction notice process under Rule 8(6) and Rule 9(1) — 30-day computation, newspaper publication and affixing requirement |
| No SARFAESI auction notice documents checklist | Says "documents required" without listing what to collect | Detailed SARFAESI auction notice documents checklist — Section 13(2) notice, possession notice, auction notice, valuation report and loan documents |
| No SARFAESI auction notice remedy analysis | Ignores Section 17 application, condonation of delay and Patna HC writ remedy | Full SARFAESI auction notice remedy section — Section 17 before DRT Patna, condonation and Patna HC writ |
| No Supreme Court precedent | General content with no Supreme Court authority on the "or" in Rule 9(1) or the extinguishment of redemption | Supreme Court rulings in Mathew Varghese and M. Rajendran on SARFAESI auction notice |
| No Patna case law | No Patna High Court authority on SARFAESI auction notice | Patna High Court rulings — Canara Bank guarantor sale quashed, auction notice alternate remedy, delayed possession interest |
Practical effect of these gaps on SARFAESI auction notice in Patna
A borrower or guarantor in Patna who receives a SARFAESI auction notice often finds pages that describe what the notice is but not how to verify the SARFAESI auction notice process or which SARFAESI auction notice documents are needed. This SARFAESI auction notice hub is structured the opposite way — every section starts with the statutory provision, the computation, the documents and the Patna forum.
Every SARFAESI auction notice matter is scoped to the measure challenged, the computation of the 30-day period, the documents required and the forum.
Verification of the complete SARFAESI auction notice process — whether individual notice was served under Rule 8(6), whether the 30-day period was computed correctly, and whether newspaper publication under the proviso to Rule 8(6) was valid.
Compilation of the complete SARFAESI auction notice documents — Section 13(2) demand notice, possession notice, auction sale notice, valuation report, loan agreement and account statement.
The primary SARFAESI auction notice remedy — filing a Section 17 application before DRT Patna within 45 days of the Section 13(4) measure, challenging the auction notice and seeking interim relief.
The SARFAESI auction notice remedy where the 45-day period has lapsed — condonation of delay under the proviso to Section 17(1) and the Patna High Court's 2025 judgment on DRT's power to condone delay.
Writ petitions under Article 226 against DRT Patna orders on SARFAESI auction notice — where the tribunal has erred in computing the 30-day period or refused to quash a defective auction notice.
Appeals under Section 18 of the SARFAESI Act before the DRAT Allahabad against DRT Patna orders on SARFAESI auction notice — within 30 days, with the Section 18(2) pre-deposit.
Your SARFAESI auction notice matter is handled by the advocate herself — not routed through intermediaries or call centres.
Familiar with the DRT Patna registry at Karpuri Thakur Sadan, the SARFAESI auction notice process verification and the Patna High Court writ jurisdiction over DRT Patna orders.
The chamber is located at P.C. Colony, Kankarbagh, Patna – 800020, easily accessible for any SARFAESI auction notice consultation.
Advice on SARFAESI auction notice grounded in the SARFAESI Act, 2002 and current Supreme Court and Patna High Court authority.
Send the SARFAESI auction notice
Share the Section 13(2) demand notice, possession notice or SARFAESI auction notice by WhatsApp or email. Acknowledge receipt is issued the same day from the Kankarbagh chamber.
SARFAESI auction notice assessment call
A short call to establish the date of the Section 13(4) measure, the SARFAESI auction notice process compliance, the 30-day computation and the documents required.
Written scope
A written scope of the engagement and the fee arrangement for the SARFAESI auction notice stage, before the Section 17 application is filed.
SARFAESI auction notice filing and representation
Drafting the Section 17 application, compiling the SARFAESI auction notice documents, filing before DRT Patna and representing you for interim relief and final hearing.
Ready to challenge your SARFAESI auction notice? The 45-day SA window is running.
Send your SARFAESI auction notice and receive a same-day SARFAESI auction notice assessment from Kankarbagh.
The SARFAESI auction notice process is governed by Rule 8(6) and Rule 9(1) of the Security Interest (Enforcement) Rules, 2002. The Supreme Court in Mathew Varghese v. M. Amritha Kumar (2014) has held that the use of the expression "or" in Rule 9(1) should be read as "and" — both individual notice to the borrower and newspaper publication are mandatory.
The authorised officer shall serve to the borrower a SARFAESI auction notice of thirty days for sale of the immovable secured assets under Rule 8(6). The proviso requires that if the sale is being effected by inviting tenders from the public or by holding public auction, the secured creditor shall cause a public notice in two leading newspapers, one in vernacular language having sufficient circulation in the locality.
Rule 9(1) provides that no sale of immovable property shall take place before the expiry of thirty days from the date on which the public notice of sale is published in newspapers as referred to in the proviso to Rule 8(6) or notice of sale has been served to the borrower. The Supreme Court has held that the word "or" must be read as "and" — the borrower must have clear 30 days' notice through both individual service and publication.
The public notice under the proviso to Rule 8(6) must contain: the description of the immovable property to be sold, the secured debt for which the property is to be sold, the reserve price below which the property may not be sold, the time and place of public auction or the time after which sale by any other mode shall be completed, the earnest money deposit, and any other material details for a purchaser to judge the nature and value of the property.
Rule 8(7) requires that every SARFAESI auction notice shall be affixed on a conspicuous part of the immovable property and may be put on the website of the secured creditor. Compliance with Rule 8(7) has been held to be mandatory.
Where the sale of movable property by any one of the methods specified fails and the sale is required to be conducted again, the authorised officer shall serve, affix and publish notice of sale of not less than fifteen days to the borrower for any subsequent sale. However, the DRAT Kolkata has held that for immovable property, even in the case of a subsequent sale, the provisions of Rule 8(6) requiring a clear 30 days' notice must be followed.
| Stage | Provision | Requirement |
|---|---|---|
| Individual notice | Rule 8(6) | 30 days to borrower |
| Newspaper publication | Proviso to Rule 8(6) | Two leading newspapers; one vernacular |
| No sale before 30 days | Rule 9(1) | 30 days from publication or service |
| Affixing on property | Rule 8(7) | Mandatory |
| Subsequent sale (movable) | Rule 6(2) proviso | 15 days |
Received a SARFAESI auction notice in Patna?
Send the notice and get a same-day SARFAESI auction notice process verification from Kankarbagh.
Compiling the correct SARFAESI auction notice documents is essential to filing a complete Section 17 application before the Debt Recovery Tribunal in Patna. The documents required depend on the grounds of challenge, but the following are typically required.
Court fee for SARFAESI auction notice challenge
Under Rule 13(2) of the Security Interest (Enforcement) Rules, 2002, the court fee for a Section 17 application challenging a SARFAESI auction notice depends on the amount of the debt due. There is no pre-deposit required to file a Section 17 application — the pre-deposit requirement was struck down by the Supreme Court in Mardia Chemicals Ltd. v. Union of India.
Where a SARFAESI auction notice has been issued, the primary remedy is a Section 17 application before the Debt Recovery Tribunal in Patna. The application must be filed within 45 days of the Section 13(4) measure. A further SARFAESI auction notice remedy is a writ petition before the Patna High Court.
Under Section 17(1) of the SARFAESI Act, 2002, any person aggrieved by a measure under Section 13(4) may file an application before the Debt Recovery Tribunal in Patna within 45 days. The DRT has the power to set aside a SARFAESI auction notice if the measure is not in accordance with the Act or Rules and to restore possession to the borrower.
The Patna High Court in a 2025 judgment held that the DRT has the power to condone delay in filing a Section 17 application under the SARFAESI Act. The Court concluded that since Section 17(7) connects the SARFAESI application process to the RDB Act procedures, the DRT can condone delay. This provides a remedy even if the borrower misses the 45-day deadline for challenging a SARFAESI auction notice.
The Patna High Court has consistently held that where an effective alternative remedy under Section 17 is available, the writ court will ordinarily decline to entertain a petition against a SARFAESI auction notice. However, the Court may intervene where the auction notice is patently defective, the borrower was not served, or the statutory procedure under Rule 8(6) was violated.
The Supreme Court in M. Rajendran v. KPK Oils and Proteins India Pvt. Ltd. (2025) held that under the amended Section 13(8) of the SARFAESI Act, a borrower's right to redeem the secured asset is lost upon publication of the SARFAESI auction notice and cannot survive until confirmation of sale. Once the auction purchaser deposits the full consideration and a sale certificate is issued, the purchaser acquires a vested right.
| Remedy | Provision | Scope |
|---|---|---|
| Section 17 application | SARFAESI Section 17(1) | Challenge auction notice within 45 days; seek setting aside |
| Condonation of delay | Proviso to Section 17(1) | Condonation where sufficient cause shown |
| Patna High Court writ | Article 226 | Challenge DRT Patna order on auction notice |
| DRAT appeal | SARFAESI Section 18 | Appeal against DRT Patna order within 30 days |
SARFAESI auction notice issued? The 45-day SA window is running.
Get a same-day SARFAESI auction notice remedy assessment from Kankarbagh.
In Rajani Ranjan Sahu v. Canara Bank (Patna High Court, 2026), the Patna High Court quashed the sale of a guarantor's flat by Canara Bank under the SARFAESI Act. The Court held that the bank failed to establish that the guarantor's liability continued to cover a subsequent financial facility sanctioned after the original loan was restructured. Justice G. Anupama Chakravarthy observed that the bank had to demonstrate that the guarantee also continued to cover the revised financial arrangement. The case concerned a flat on S.P. Verma Road, Patna, valued at ₹71.30 lakh in 2011 but sold for ₹28.60 lakh in 2015.
In Pushplata Ishwar v. Presiding Officer, DRT Patna (Patna High Court, CWJC No.2771 of 2025, decided 20.01.2026), the Patna High Court considered a writ petition seeking to quash an order of the Presiding Officer, Debt Recovery Tribunal in Patna. The Court reaffirmed that an effective Section 17 remedy ordinarily bars writ petitions challenging SARFAESI auction notices and enforcement measures.
In Surya Narayan Raut v. State of Bihar (Patna High Court, 2026), the Court held that a pending Section 17 challenge before the Debt Recovery Tribunal in Patna does not bar delivery of possession to a registered SARFAESI auction purchaser. The Court noted that the sale had culminated in a registered sale deed in favour of the auction purchaser and regarded possession as consequential to that sale.
In a 2025 judgment, the Patna High Court held that a bank must pay interest for the delay in delivering possession after a bank auction, except for a 90-day processing period. The bank was ordered to pay interest at 6% per annum for the specified period. This ruling protects the rights of auction purchasers in Bihar.
The Supreme Court in Mathew Varghese v. M. Amritha Kumar held that the use of the expression 'or' in Rule 9(1) should be read as 'and' as that alone would be in consonance with Section 13(8) of the SARFAESI Act. The Court held that the service of individual notice to the borrower, specifying clear 30 days' time gap for effecting any sale of immovable secured asset, is a statutory mandate.
The Supreme Court in M. Rajendran v. KPK Oils and Proteins India Pvt. Ltd. (2025 INSC 1144, decided 22.09.2025) held that under the amended Section 13(8) of the SARFAESI Act, a borrower's right to redeem the secured asset is lost upon publication of the SARFAESI auction notice and cannot survive until confirmation of sale.
Prefer the chamber to run this SARFAESI auction notice checklist for you?
Every item is part of the standard engagement for SARFAESI auction notice in Patna with this chamber.
Send your SARFAESI auction notice, possession notice or Section 17 query to the chamber today. As a lawyer practising before the Debt Recovery Tribunal in Patna from Kankarbagh, Advocate Simran Kumari reviews the notice, verifies the SARFAESI auction notice process compliance, compiles the SARFAESI auction notice documents and issues a written scope and fee note.
This page on the SARFAESI auction notice in Patna is published for general information only and does not constitute legal advice or solicitation. SARFAESI auction notice law, SARFAESI auction notice process rules, SARFAESI auction notice documents requirements, SARFAESI auction notice remedy procedure, condonation rules and portal processes are amended from time to time. The applicable position on any SARFAESI auction notice in Patna matter must be verified against the current statutory text, notifications and circulars, and against the facts of the particular matter.
Law last checked: 16 October 2026.
