Case Law Analysis
|Bombay High Court
SARFAESI Act Section 13(2) | 15-Day Notice Must Be Full and Unambiguous; Incomplete Notice Vitiates Possession & Triggers Procedural Fairness Review : Bombay HC
The Bombay High Court struck down a bank's possession attempt under SARFAESI for failing to provide a full 15-day notice and denying borrowers the mandatory 72-hour window to file urgent applications before the DRT. This ruling reinforces that procedural fairness under Article 21 is non-negotiable in enforcement actions, affecting all secured creditors relying on mechanical notice compliance.