Can I file a Section 17 SA at DRT Patna without first replying to 13(2)?

Yes, but the absence of a 13(3A) reply weakens the SA. Best practice is to file a comprehensive 13(3A) reply within 15 days and then move the SA on receipt of the 13(4) possession notice.

Will the Patna High Court stay a SARFAESI auction?

Only for narrow jurisdictional or procedural defects. Pricing or valuation disputes are routed to the DRT SA under Section 17. Satyawati Tondon is applied strictly.

What EMD/deposit is required to file a Section 17 SA?

Court fees under the DRT Regulations scale with claim value; there is no percentage deposit at SA stage (unlike DRAT). Ceiling on fees is ₹1.5 lakh.

Is a Section 14 SARFAESI CMM order appealable?

A CMM order under Section 14 is administrative and not directly appealable — it can be challenged in the Section 17 SA before the DRT.

Is DRT Patna the only DRT for Bihar and Jharkhand?

No — Jharkhand matters go to DRT Ranchi. Bihar and Jharkhand are separate DRT jurisdictions.

What is the typical OTS band for a Bihar rice-miller NPA?

PSU banks typically approve 55–70% recovery on principal for viable millers; declining units may see up to 40% discount with Board approval.

How active is Patna HC on SARFAESI writs?

Patna HC entertains writs primarily for jurisdictional/procedural defects — Satyawati Tondon threshold applies for pricing disputes.

Does Dakshin Bihar Gramin Bank publish OTS bands?

Yes — as an RRB sponsored by Punjab National Bank, DBGB follows the NABARD framework with published bands for accounts under ₹25 lakh.

Bihar • Legal defence

SARFAESI Defence & Consulting in Bihar

We build the full SARFAESI defence stack for Bihar borrowers — 13(3A) reply, Section 17 Securitisation Application at DRT Patna, and Article 226 writ before the Patna High Court where jurisdictional/procedural defects justify it.

13(3A) reply to the 13(2) demand notice — statutory 15-day reply, drafted to preserve every objection.

Section 17 Securitisation Application at DRT Patna against 13(4) possession / auction.

Interim application for stay of auction / possession under Rule 8/9 of the SARFAESI Rules.

Article 226 writ at the Patna High Court for jurisdictional or Rule 8(6) notice defects.

Coordination with the borrower on Section 14 SARFAESI hearing before the CMM / CJM at Patna.

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Written by

Sharad Wardhan

MD, NPA Experts

CA, ex-Deputy Vice President (Banking)

Legally reviewed by

NPA Experts Legal Review Panel

Empanelled counsel practising before DRT, DRAT and High Courts

Last updated

July 22, 2026

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This page is for general information. It is not legal, tax or investment advice. Every NPA / SARFAESI / DRT matter is fact-specific — speak to a qualified advisor before acting.

Bihar

Everything a Bihar borrower needs to know about SARFAESI Defence & Consulting

SARFAESI landscape in Bihar

Bihar's NPA docket is PSU-heavy with retail-loan concentration — small-ticket cash-credit and agri-processing accounts drive the volume rather than large exposures. Bihar Land Ceiling and Tenancy Act limits transferability of large agri holdings; auction of rural land requires careful revenue-record diligence. Patna High Court applies the Satyawati Tondon threshold for writs — a writ is entertained only where the bank has breached statutory procedure, not on pricing or valuation disputes (those go to DRT).

The 15-day window after a 13(2) notice

Under Section 13(3A) SARFAESI, the borrower has 15 days to reply to a 13(2) notice and raise all objections. Silence or a weak reply materially prejudices the Section 17 SA later. We draft a reply that preserves every objection — non-service, wrong classification, misapplied appropriation, defective demand — and forces the bank to reply on record within 15 days of receipt.

Section 17 SA at DRT Patna

DRT Patna is the single bench serving Bihar. A Section 17 SA is the primary defence to 13(4) possession or an auction notice. Interim stay is possible where the borrower can show a strong prima facie case of statutory breach or where Rule 8(6) 30-day sale notice was not properly served. Our advocates at DRT Patna carry a full track record on SA filings against SBI and Punjab National Bank.

When to move the Patna High Court

Writ is appropriate for: (a) jurisdictional defect — the account was wrongly classified NPA against the RBI IRAC Circular; (b) breach of natural justice — no 13(3A) reply was considered; (c) Rule 8(6) sale-notice defect not curable at DRT stage; (d) wilful-defaulter tag applied without a Show-Cause + Identification/Review Committee hearing under the July 2024 RBI Master Direction.

Local intelligence

Courts, lenders and hubs relevant to Bihar

Court structure

Patna High Court

Writ jurisdiction seat.

DRT Patna

DRT Patna is the single bench serving Bihar.

Primary lenders

• SBI
• Punjab National Bank
• Bank of India
• Bank of Baroda
• Central Bank of India
• Dakshin Bihar Gramin Bank

Banking hubs

• Patna
• Muzaffarpur
• Gaya
• Bhagalpur

Stressed sectors

Rice & agri-processing; Retail MSME trade; Real estate (Patna); Bhagalpur silk

Auction / procedural note. Bihar Land Ceiling and Tenancy Act limits transferability of large agri holdings; auction of rural land requires careful revenue-record diligence.

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SARFAESI Defence & Consulting — Bihar FAQs

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