salila (student) 30 August 2024
SIR ,
BANK AS WELL AS BORROWER ARE IN DRT .TO FILE REPLY DRT HAS GIVEN DATE ,BUT TILL DATE ,NO REGULAR SITTING HAS BEEN.MEANWHILE BANK HAS ISSUED 30 DAYS NOTICE EXPIRY IS ON 20 TH SEPT .WHETHER BANK IS EMPOWERED TO SALE PROPERTY DESPITE STAY APPLICATION IS PENDING OR ALLOWED UNDER SEC 13/8 SARFACEI ACT.PL CLEAR WITH SUCH ANY EXAMPLE .
T. Kalaiselvan, Advocate (Advocate) 30 August 2024
If there is an order aganst the bank restricting them to sell the property and if the bank still proceeds with the sale of property then you can file a contempt of court agaisnt the bank manager besides filing an injunction suit to restrain the bank from selling the property on the basis of the injunction order still remaining effective against the bank
salila (student) 31 August 2024
SIR,
AS SAID , BANK HAS NOT FILED REPLY .DRT JBL SITTINING IS NOT REGULAR SINCE LAST 15 MONTHS.
BANK SAYS IN LAST WEEK WE SHALL PUT PROPERTY IN AUCTION .UNDER SEC 13/8 LOSS FROM PROPERTY IS ESSENTIAL AS TO GET STAY IS NOT EASY WITHIN 15 DAYS.EARLIER ,HIGH COURT ALSO HAD ADVISED TO GO IN DRT.
T. Kalaiselvan, Advocate (Advocate) 01 September 2024
You can approach high court with a stay application again and state that the DRT is not functioning for the last 15 months, and as the bank is trying to sell the property taking advantage of the non functionary DRT, you have no option than to approach high court with a petition to direct the bank to stall all further proceedings till the disposal by DRT.
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