Drt case under oa filed by bank
K G Srinivasan
(Querist) 03 December 2012
This query is : Resolved
A pecular case:
The famous MNC bank, ICICI Bank Ltd, had given a housing loan for a to be constructed flat to a borrower at chennai, which was paid directly to the builder without the consent of the borrower and after two years the bank had written to the builder not to hand over the possession as the borrower had not deposited the uds sale deed.But the borrower insists that he had deposited the sale deed and other agreements and only after that he was made to sign the home loan agreement and after a couple of months another agreement by name facility agreement was signed.The nett result is the bank is in the possession of the property as well as the documents.In spite of having the possession the bank displayed the name of the bank entrance door of the flat when the case was under process in the state consumer forum, which made the borrower to suspend the emi after paying to the bank till four long years without possession. Then the bank issued notice under sarfaesi act and a suitably reply was given stating that the borrower is willing to settle the entire amount if the bank hand over the possession and the bank did not consider the reply and filed an OA in the DRT for which the borrower stated the same fact accepting the liability to pay the entire amount and ask the court to direct the bank to hand over the possession. The bank filed an IA for the property which was in his possession and the court without going through the file and listening to the borrower's advocate allowed the IA for attachment.Here it will be fit to move the DRAT or to file a WRIT petition to seek direction, to stop the bank in legal manuring and to close the issue as the borrower is suffering for 7 years?
Raj Kumar Makkad
(Expert) 03 December 2012
In the given case, the writ is required to be filed before the High Court and to seek stay order against the illegal order.
K.K.Ganguly
(Expert) 04 December 2012
The High Court will direct you to go to DRAT first.
File an application before DRAT wherein you shall have to deposit minimum 25% of your dues mentioned in the Demand Notice issued by the Bank u/s13(2) of SARFAESI Act, 2002.
You have a fare chance to win since you want to pay the whole outstanding amount.
If you fail before the DRAT, you can file W.P. before the High Court.
JANAK RAJ VATSA
(Expert) 04 December 2012
the case lies within the jurisdiction of the DRAT. so first exhaust that option and i am sure you have fair chance to win
