P.C. Colony, Kankarbagh, Patna, G-8, 800020
Patna · DRT Patna · Patna High Court · Section 13(2) & 13(3A)
A SARFAESI 13(2) notice is the bank’s written demand requiring you to discharge the secured debt in full within 60 days — failing which the bank may take possession or sell the secured asset under Section 13(4). In Patna, the notice is governed by Section 13(2) read with Section 13(3), served under Rule 3 of the Security Interest (Enforcement) Rules, 2002, objected to under Section 13(3A), and challenged by a Section 17 application before DRT Patna within 45 days.
60d
To Discharge or Object
15d
Bank Reply — 13(3A)
45d
Section 17 — DRT Patna
50%
DRAT Allahabad Pre-Deposit
Patna-specific: the forums a 13(2) notice will touch
If a Section 13(2) notice has been served in Patna — by a bank branch in Kankarbagh, Boring Road, Bailey Road, Exhibition Road, Patliputra, Rajendra Nagar, Danapur, Kadamkuan, Maurya Lok or Gandhi Maidan — your matter will move through: the secured creditor’s branch in Patna (Section 13(3A) reply), DRT Patna (Section 17 application, 45-day limit), DRAT Allahabad (Section 18 appeal, 30 days, 50% pre-deposit), District Magistrate, Patna (Section 14 physical possession), and where required the Patna High Court under Article 226.
Most 13(2) notices that fail in Patna fail on two points: the contents under Section 13(3), and the service under Rule 3. Both are checkable before you draft the objection.
Section 13(2) read with Section 13(3)
Patna High Court on Rule 3 service
The Patna High Court has summarised the scheme: under Section 13(2) the borrower is called upon to discharge liabilities within 60 days, and if an objection is filed within that period, the secured creditor must dispose of it by communicating the decision within 15 days of receipt, giving reasons for non-acceptance. The Court also recorded that all notices are to be served through electronic mode in addition to the modes specified under Rule 3 — registered post with acknowledgment due, speed post, courier, fax or electronic mail.
The 13(2) notice is not a single document to respond to. It starts a timed sequence that ends at DRT Patna — and each deadline is treated as non-extendable.
The bank serves the Section 13(2) notice demanding payment in full within 60 days. Within that same period, the borrower may file a representation or objection under Section 13(3A). An objection filed after 60 days does not oblige the bank to reply — the DRAT has held that the borrower then cannot complain that no 13(3A) reply was sent.
Forum: Bank branch in PatnaIf the objection is found not acceptable or tenable, the secured creditor must communicate the reasons for non-acceptance within 15 days of receipt. The 15-day period is directory, but the duty to consider the objection and record reasons is mandatory.
Forum: Bank branch in PatnaIf the bank takes a Section 13(4) measure — possession, transfer, sale or management — the Section 17 application must be filed before DRT Patna within 45 days of that measure. Section 5 of the Limitation Act, 1963 does not apply to a Section 17(1) application, and the Patna High Court has refused to entertain a writ filed ten months after the 45-day period expired.
Forum: DRT Patna, BiharPatna practice note: Section 14 physical possession
If the bank seeks physical possession of a secured asset in Patna, it must apply under Section 14 SARFAESI to the District Magistrate, Patna (or the Chief Metropolitan Magistrate, Patna). A Section 13(3A) objection already on record is protective — it demonstrates that the debt was disputed before possession was sought. The Section 14 order can be challenged before the Patna High Court under Article 226 where the Magistrate acted without jurisdiction or without hearing the borrower.
A 13(2) challenge must target a specific defect in the notice, the service, the debt or the security. These are the grounds Patna’s tribunals and courts take seriously.
If the Section 13(2) notice and the subsequent possession notice were not duly served, the borrower is denied an effective opportunity to contest. The Patna High Court has quashed a bank’s sale of a guarantor’s flat where the statutory 13(2) notice and possession notice were not duly served.
Patna HC — Canara Bank guarantor flat caseWhere the loan was restructured and fresh facilities were sanctioned on materially altered terms without the guarantor’s consent, the bank must prove that the guarantee continued to cover the revised arrangement. The Patna High Court held that the bank cannot rely merely on the guarantor never having sought a discharge.
Patna HC — 2026, Justice G. Anupama ChakravarthyThe account must be classified as an NPA before a 13(2) notice can issue. A retrospective NPA classification that does not follow RBI guidelines is a substantive ground — and the DRAT has examined exactly this challenge in appeals arising from retrospective classification.
Tested before DRT and DRATSection 13(3) requires the notice to give details of the amount payable. An inflated figure, unexplained penal charges, or a demand that does not match the statement of account is a ground to seek a facility-wise breakup from the Authorised Officer.
Common defect in Patna branch noticesThe notice must be issued by the Authorised Officer. Where the signatory is a branch official in Patna without delegated authority, the notice itself is vulnerable. Ask for the board resolution or authorisation letter.
Raised in Section 17 applications before DRT PatnaThe secured assets in the notice must actually be validly mortgaged. Ancestral property, jointly held flats in Rajendra Nagar or Kankarbagh, or commercial premises in Exhibition Road that were not validly charged cannot be enforced under Section 13(4).
Frequent in Patna joint-family property disputesThe strength of a 13(2) challenge depends on the documents behind it. Pull these before the deadline — Patna banks often delay responding to document requests.
The 13(3A) objection is the first defence. The Section 17 application is the remedy. They are not interchangeable, and the remedy has its own clock that DRT Patna does not extend.
| Stage | Forum in Patna | Deadline | Consequence of missing it |
|---|---|---|---|
| Section 13(3A) objection | Bank / NBFC branch in Patna | Within 60 days of the 13(2) notice | Bank not obliged to reply; objection loses force |
| Bank’s reasoned reply | Bank / NBFC branch in Patna | Within 15 days of receipt of objection | Violation of mandatory duty; ground in Section 17 |
| Section 17 application | DRT Patna | Within 45 days of the Section 13(4) measure | DRT cannot condone delay; Section 5 Limitation Act does not apply |
| Section 18 appeal | DRAT Allahabad | Within 30 days of the DRT order | 50% pre-deposit, reducible to 25% |
| Writ petition | Patna High Court | Article 226 — no fixed limitation, but delay is a bar | Court may refuse relief on delay or alternative remedy |
The Section 17 remedy before DRT Patna reverses the measure — it does not merely freeze it
Under Section 17, DRT Patna examines whether the Section 13(4) measure was in accordance with the Act and the Rules. Where it was not, the tribunal can declare the measure invalid and restore possession or management to the borrower. In Ezee Air Travel v. Authorised Officer, Indian Bank, DRT Patna quashed the entire SARFAESI action including the auction sale, and directed refund of the auction purchaser’s deposit with interest.
The chamber works with current Patna authority — not generic commentary from other jurisdictions.
Patna High Court · 2026
The Patna High Court quashed Canara Bank’s sale of a guarantor’s flat on S.P. Verma Road, Patna. The guarantor, Rajani Ranjan Sahu, had offered his 2,000 sq. ft. flat as security; the loan was later restructured and fresh facilities sanctioned on materially altered terms. He alleged that the statutory 13(2) notice and the subsequent possession notice were not duly served, and questioned the valuation — the flat was valued at ₹71.30 lakh in 2011 but sold for ₹28.60 lakh in 2015. Justice G. Anupama Chakravarthy held that the bank had to demonstrate that the guarantee continued to cover the revised arrangement, and could not rely merely on the guarantor never having sought a discharge.
Holding: Non-service + guarantee not covering restructured facility — sale quashedPatna High Court · CWJC No. 9014 of 2010
The Patna High Court quashed the SARFAESI action with respect to the secured properties of the petitioner, and granted the bank liberty to issue a fresh notice under Section 13(2) of the SARFAESI Act, 2002. The ruling illustrates that a defective 13(2) notice does not necessarily end the bank’s recovery — it requires the bank to start the process again.
Holding: Defective 13(2) notice — action quashed, fresh notice permittedPatna High Court · CWJC No. 17999 of 2017
The Patna High Court examined whether DRT, while entertaining an application under Section 17(1), has power to condone delay. The Court noted that the writ petitioner had approached the High Court after a lapse of about ten months from the date of expiry of the 45-day period prescribed as the period of limitation for a SARFAESI application. The ruling is the clearest Patna authority that the 45-day clock is enforced strictly.
Holding: 45-day limit is strict; delay of ten months not entertainedDRT Patna · SA 279 of 2022 · decided 07-Sep-2026
DRT Patna (Presiding Officer Shri Kaushalendra Yadav) held that the bank failed to file proof of service of the demand notice despite specific denial, failed to prove delivery of the possession notice by not filing a tracking report, and failed to prove service of the sale notice. The sale notice dated 11.10.2021 fixing auction on 29.10.2021 did not provide 30 days’ time. The tribunal quashed the entire SARFAESI action including the auction sale dated 29.10.2021, directed refund of the auction purchaser’s deposit with 10% simple interest, and awarded compensation of ₹1,000 per day for delay beyond 30 days.
Holding: No proof of 13(2) service — entire SARFAESI action and sale quashedDRAT · 2025
The DRAT held that where the objection or representation to a Section 13(2) demand notice was submitted beyond 60 days, the bank was not obligated to reply, and the borrower cannot later complain that a reply under Section 13(3A) of the SARFAESI Act, 2002 was not sent. The ruling is the reason the 60-day objection window matters — file within time, or lose the 13(3A) ground.
Holding: Late objection — no obligation on bank to reply under 13(3A)Every forum a 13(2) notice, objection and remedy will move through, with Patna addresses.
Section 13(2) Notice & 13(3A) Objection
Your Bank Branch in Patna
Any scheduled commercial bank or NBFC branch in Patna — Kankarbagh, Boring Road, Bailey Road, Exhibition Road, Patliputra, Rajendra Nagar, Danapur, Kadamkuan, Maurya Lok or Gandhi Maidan. The notice is served by that branch under Rule 3, and the objection is filed with the same Authorised Officer.
Section 17 Application
DRT Patna — Debt Recovery Tribunal
Debt Recovery Tribunal, Patna, Bihar. The Section 17 application is filed here within 45 days of the Section 13(4) measure. This is the primary forum for challenging possession, sale or transfer of Patna secured assets.
Section 18 Appeal
DRAT Allahabad
Debts Recovery Appellate Tribunal, Allahabad — the appellate forum for DRT Patna orders. Appeal within 30 days with 50% pre-deposit, reducible to 25%.
Section 14 — Physical Possession
District Magistrate, Patna
Office of the District Magistrate, Patna, Bihar. The DM (or CMM) issues orders under Section 14 for physical possession of secured assets in Patna, with police assistance to enforce the warrant.
Writ Petition
Patna High Court
Patna High Court, Bailey Road, Patna. Article 226 writ petitions against 13(2) notices, SARFAESI actions, DRT Patna orders, or jurisdictional errors by the DM under Section 14.
Your Counsel
Advocate Simran Kumari — Kankarbagh Chamber
P.C. Colony, Kankarbagh, G-8, Patna – 800020. Open everyday 10:00 AM – 7:00 PM. Call +91 92314 45078 or email advocatesimrankumari@gmail.com.
A SARFAESI 13(2) notice is the written demand issued by a secured creditor under Section 13(2) of the SARFAESI Act, 2002, requiring the borrower to discharge the secured debt in full within 60 days from the date of the notice. If the borrower does not pay, the creditor becomes entitled to exercise rights under Section 13(4) — taking possession, transferring, selling or taking over management of the secured asset. The notice must give details of the amount payable and the secured assets intended to be enforced, as required by Section 13(3).
The process has three stages. First, the bank branch in Patna serves the 13(2) notice and the borrower has 60 days to pay or object under Section 13(3A). Second, if an objection is filed, the bank must consider it and communicate reasons for non-acceptance within 15 days. Third, if the bank takes a Section 13(4) measure, the borrower must file a Section 17 application before DRT Patna within 45 days.
From the bank: the 13(2) notice with annexures and the schedule of secured assets, proof of service under Rule 3, the facility-wise statement of accounts, the sanction letter, the security and guarantee documents, the NPA classification record, and the board resolution authorising the signatory. From your records: the repayment ledger, correspondence with the bank, a CERSAI search for the Patna property charge, proof of your Patna address, the sale deed, mutation records and encumbrance certificate.
Under Rule 3 of the Security Interest (Enforcement) Rules, 2002, service is made by delivering or transmitting the notice at the place where the borrower or agent resides or carries on business — by registered post with acknowledgment due, speed post, courier, fax or electronic mail. The Patna High Court has recorded that all notices are to be served through electronic mode in addition to the modes specified under Rule 3.
The objection must be filed within 60 days of the 13(2) notice. The DRAT has held that where an objection is submitted beyond 60 days, the bank is not obligated to reply, and the borrower cannot complain that a reply under Section 13(3A) was not sent. The 60-day window is therefore the decisive deadline for the objection stage.
The remedy is a Section 17 application before DRT Patna, filed within 45 days of the Section 13(4) measure. DRT Patna can declare the measure invalid and restore possession or management to the borrower. In Ezee Air Travel v. Authorised Officer, Indian Bank, DRT Patna quashed the entire SARFAESI action including the auction sale where the bank failed to prove service of the demand notice. If the DRT order is adverse, an appeal lies to DRAT Allahabad within 30 days, with 50% pre-deposit reducible to 25%.
Yes. In CWJC No. 9014 of 2010, the Patna High Court quashed the SARFAESI action with respect to the secured properties and granted the bank liberty to issue a fresh notice under Section 13(2). In 2026, the Court quashed a Canara Bank sale of a guarantor’s flat in Patna where the 13(2) notice and possession notice were not duly served. However, the Court ordinarily requires exhaustion of the Section 17 remedy before DRT Patna unless there is a jurisdictional error.
Yes. The Patna High Court’s 2026 ruling arose from a guarantor’s challenge to a Canara Bank sale of his flat on S.P. Verma Road, Patna. The Court held that where the loan was restructured and fresh facilities sanctioned on materially altered terms, the bank had to demonstrate that the guarantee continued to cover the revised arrangement — it could not rely merely on the guarantor never having sought a discharge.
For physical possession, the bank must apply under Section 14 SARFAESI to the District Magistrate, Patna (or CMM, Patna). A Section 13(3A) objection already on record is protective. The Section 14 order can be challenged before the Patna High Court under Article 226 if the Magistrate acted without jurisdiction or without hearing you.
The Section 17 application must be filed within 45 days of the Section 13(4) measure. The Patna High Court has examined whether DRT has power to condone delay under Section 17(1), and refused to entertain a writ filed about ten months after the 45-day period expired. Section 5 of the Limitation Act, 1963 does not apply to a Section 17(1) application. The safe course in Patna is to file within 45 days.
Advocate Simran Kumari drafts and files Section 13(3A) objections and Section 17 applications before DRT Patna from the Kankarbagh chamber. If the bank branch is in Patna, the objection is served on that branch. Call +91 92314 45078 or email advocatesimrankumari@gmail.com with the 13(2) notice for a same-day assessment.
Send the Section 13(2) notice to the Kankarbagh chamber today. Advocate Simran Kumari reviews the notice, checks the Section 13(3) contents and Rule 3 service, identifies the grounds, and drafts the Section 13(3A) objection before the deadline — and if rejected, files the Section 17 application before DRT Patna within 45 days.
Disclaimer
This page is published for general information only and does not constitute legal advice or solicitation. SARFAESI procedure, statutory forms, limitation periods and the scope of Section 13(2), 13(3A), 13(4) and 17 are amended from time to time. The applicable position on any matter must be verified against the current statutory text and the facts of the particular matter. Engagement of the chamber is subject to a written scope and fee arrangement. No outcome is guaranteed.
Law last checked: 20 October 2026.
