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Sumit Zawar (Co-owner)     04 December 2012

Sarfaesi act notice for posessionof property

 

We have taken a Mortgage Loan on our property and the account became NPA in 2007. The bank was a UCB and had its banking license cancelled in 2009 by the RBI. They have filed a case for repayment in the cooperative court and its been going since 5 years.

Last year, the Cooperative department of Maharashtra has appointed a liquidator for these banks and now they have given us a 60 days notice under section 13/2 of the securitisation act for transfer of possesion of the property. 

We have asked for a stay order on the notice in the cooperative court, since the case is still going on. The actual value of the property is approx 3 times the outstanding amount. What could be a way to hold on the securitisation notice and allow use to sell the property and repay the loan?



Learning

 1 Replies

RAJU O.F., (Advocate)     07 December 2012

If the action is taken under SARFAESI Act, civil courts, including Co-operative courts do not have jurisdiction and only DRT and DRAT are the proper forum.  Immediately prefer Securitisation Appeal under Sec.17 of the SARFAESI at jurisdiction DRT to stop further action through an advocate conversant with DRT proceedings.


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