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Possession notice received under Sarfesi Law
04-Jul-2026 (In Recovery Law)
We received a court order in Nov 2025 for some emis that were missed in the past. Although we paid 18L in that month which included dues and emis till the month of March 2026. The possession was halt at that time but the account was still NPA and we were not aware of this matter. Currently last week while talking to the person from the bank he said said to clear the dues and so that he can hold the possession again so again we paid 4 lakhs and recieved the possession notice the next day.
If the bank accepted substantial payments while assuring that possession would not be taken and then immediately issued a possession notice, those facts can strengthen your challenge, provided they are supported by documentary or other admissible evidence.
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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Since you complied and made substantial payments, immediately challenge the possession notice. Seek account statement, NPA details, and move the DRT/competent court for stay if SARFAESI action is illegal.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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From the facts stated, it appears that despite substantial payments made pursuant to the court order, the bank has continued recovery proceedings. The legality of the possession notice will depend on the terms of the court order, the loan account statement, whether the account was rightly classified as NPA, and the communications exchanged with the bank. If the bank accepted payments and assured that possession proceedings would be kept on hold, these facts may be relevant before the appropriate forum.
Please keep all payment receipts, the court order, possession notice and bank communications safely. If you have these documents, you may share them through the WhatsApp option available on my profile. After reviewing the complete record, I can advise you on the appropriate legal remedy and the next course of action.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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