Drt attachment
Sanjay
(Querist) 20 October 2011
This query is : Resolved
The owner of the agricultural land in Madhya pradesh is the guarantor of loans for industrial purposes.The agricultural land owned by the guarantor is also not mortgaged with the bank. The area of land is 4.5 acres and crops are being shown in the Khasra plan also. Sarafi act is not applicable as the decree is of 1992.DRT Jabalpur has initiated the orders for attachment of the said agricultural land due to non payment of dues.DRT has initiated sale proceeding against the guarantor and the recovery officer has published the ad in the newspaper. Petition filed in High Court. hearing pending. What should be the couse of action now.
Raj Kumar Makkad
(Expert) 20 October 2011
DRT has nothing to do with the fact of agricultural land being the only source of income of the guarantor if the same was mortgaged but in the given facts, such land was not mortgaged while obtaining loan and moreover section 31 (i) (d) of ibid Act is bar so action of bank is illegal and requires to be stayed by intervention of either Bank Ombudsman or civil court (both remedies are open).
Nadeem Qureshi
(Expert) 20 October 2011
Dear Sanjay
as section 31(I) of SARFAESI Act said then then the tribunal have no power to attached this property if the DRT passed an order for attachment then file an appeal against impuned order to DRAT with requsited fee. and hire a lawyer who specialy knows about SARFAESI ACT very well
prabhakar singh
(Expert) 20 October 2011
I am sorry ,no jurisdiction is vested in the
matter either in civil court or in ombudsman.
As the impugned order suffers from illegality, your course to proceed further is by appeal,as rightly told by Mr.Nadeem.
Sanjay
(Querist) 20 October 2011
Thanks for the valuable advice
RAJU O.F.,
(Expert) 23 October 2011
From the query it is assumed that the attachment of land of the guarantor is not under SARFAESI Act. But under the RDDB Act, the Presiding Officer of DRT can Order for attachment of the properties of the Guarantors, even agricultural properties and not mortgaged to the bank, if he is satisfied on a petition filed by the bank, that by sale of secured properties, sufficient recovery of the dues could not be possible. Sec.19(13) of the DRT Act gives vide powers to the Tribunal. If the guarantor is aggrieved against such action/attachment, then the only remedy is to file Appeal u/Sec20 of the DRT Act before jurisdiction DRAT (Appellate Tribunal), within 45 days of such Order.
