sarfaesi S. S. 13(2) – Whether the notice under sub-section (2) of Section 13 should be issued to the legal heirs of the deceased borrower/guarantor afresh in the event such borrower/guarantor dies after the service of notice under sub-section (2) of Section 13 of the SARFAESI Act – Bank to initiate proceedings by issuance of fresh notice to the legal heirs of the borrower/guarantor.
sarfaesi s. 13(4) – Security interest (Enforcement) Rules, Rule 8 – Whether the notice under sub-section (4) of Section 13 affixed in the property by the respondent-Bank showing only the name of the deceased guarantor as the owner of the property could be considered to be a sufficient compliance of the provisions of Section 13(4) read with Rule 8 of the Security Interest (Enforcement) Rules ?
Sarfaesi S. 13(4) – Affixure of notice alone – Showing the name of the deceased/guarantor as the owner of the property – Cannot be sustained
