Challenging Bank SARFAESI Notices at DRT Jaipur: A Step-by-Step Guide
Understand borrower and guarantor rights when facing Section 13(2) and Section 13(4) SARFAESI notices and bank e-auctions before DRT Jaipur.
Adv. Maanvardhan Singh Dudi · 28 July 2026
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) grants secured creditors extensive powers to recover debts without initial court intervention. However, these powers are strictly bounded by procedural safeguards.
Upon receiving a Section 13(2) demand notice, the borrower has a statutory right to submit a formal objection under Section 13(3A) within 60 days, which the bank is legally obligated to consider and respond to with reasoned rejection within 15 days.
If the bank proceeds to issue a Section 13(4) possession notice or initiates e-auction proceedings without following mandatory valuation and notification rules, the aggrieved borrower or guarantor can file a Securitisation Application (SA) under Section 17 before the Debt Recovery Tribunal (DRT Jaipur).
At DRT Jaipur, advocates can seek urgent interim stay against auction notices, challenge the appointment of Court Commissioners under Section 14, and facilitate structured settlement pathways such as One-Time Settlement (OTS).
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