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SARFAESI Act - Demand notice published in the newspapers

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT :  Hon’ble Justice Dipankar Datta Judgment on: November 10, 2016 W.P. No. 862 of 2015 Metsil Exports Private Ltd. & anr. v. Punjab National Bank & anr.  Section 13(2) – Demand notice published in the newspapers –  What is the legal position regarding publication of a demand notice under section 13(2) of the Act in two newspapers having wide circulation with the photograph of a director/guarantor? Held, If a demand notice under section 13(2) of the Act is served on the borrower/guarantor in the manner statutorily provided for and there is no reason at all to believe that service has not been effected, question of publication thereof in the newspapers does not and cannot arise. It is only when an opinion could reasonably be formed that the borrower is evading service of the demand notice and that alternative modes of service have been exhausted without se...