Appeal to be done to drat by bank
Law Aspire
(Querist) 27 December 2016
This query is : Resolved
This query is pertaining to SARFAESI Act.
When the Bank takes action under Section 13(4) nd aggrieved by this borrower approaches DRT. On this application DRT passes any order in favour of Borrower.
Against this Order whether Bank can file an appeal to DRAT ?
Does the Bank will be required to pre-deposit 50% of the amount Claimed in this particular situation?
adv.bharat @ PUNE
(Expert) 27 December 2016
DRT will give decision based on legal fact of case.
Yes bank can file appeal if think not satisfied by decision.
Maximum amount to be deposited is 3 lakh.
Will u appreciate this answer by giving like on my LCI profile?
Law Aspire
(Querist) 27 December 2016
Thank you for your answer
Sir there is no such limit of Rs. 3 Lakhs under SARFAESI ACT.
From where this amount is quoted by you
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2016
The max amount quoted is for civil cases in normal courts in Maharshtra and not for DRT.
The fifty percent provision is for borrowers in DRT.
What type of relief is given will depend for fees.
Rajendra K Goyal
(Expert) 27 December 2016
Agree with the expert DEFENSE ADVOCATE.
Ms.Usha Kapoor
(Expert) 28 December 2016
Agree with expert defense advocate.
Law Aspire
(Querist) 31 January 2017
Under Which provision CAVEAT can be filed to DRT under SARFAESI ?
