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GOKULDAS KAMATH (EX BANKER)     20 February 2013

Eviction of tenant by bank under sarfeasia

I am illegally dismised from the services of the bank in May 2009.My PF dues are under bank's lien for a  staff housing  loan.Bank has converted the staff housing loan account as genral housing loan without any intimation to me.My contribution to PF is not yet adjusted to this housing loan.2 months back I recieved a notice under SARFEASI Act to clear the loan within 2 months.Notice says that I have not responded to any of thier several notices.But,i reality,Bank did not send any notice till date other than notice under SARFEASI Act.Loan outstanding is Rs.5.25 lakhs

I have submitted review petition before bank'sCMD in December 2012 which is under process by IR department.Decision is yet to be taken by the CMD.Hence,I had sought time from the Regional Office till any decision is taken on my petition .However,my request is rejected.Now,today I am in reciept of a notice stating that possession of my house will be taken place on 26.02.2013..This house is rented to an employed person at the rate of Rs.2500 per month and a rent deposit of Rs.20000 since last 3 years .Rent is bieng utilised for my medical expenses.I am  depending on my son for my livlihood.If I approach DRT,I am required to pay 25% of loan amount first which I don't have.I don't want to remove my tenant all of a sudden.He is very co-operative.

Bank is prejudiced against me for exposing some top officials before CVC and RBI along with documentary evidences which I got under RTI Act.It is likely that Bank will proceed with SARFEASI Act on 26.02.2013.In this connection,is there any way available through my tenant to postpone the auction atleast till I get the decision of CMD against my review petition.Can the bank evict my tenant all of a suden without any notice period?

Please guide me.I have the intention to repay the loan but helpless at present.I am also unable to know why Bank is not transferring my PF amount to my housing loan

 

GOKULDAS KAMATH



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 1 Replies

RAJU O.F., (Advocate)     22 February 2013

There is no Rule in DRT to deposit 25% of the dues for preferring Appeal against Possession Notice u/S.13(4). Try through an expert lawyer conversant with DRT & SARFAESI proceedings.  Your tenent also can file an appeal in DRT as an aggrieved person.


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