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Advocate M J (Querist) 14 September 2014 This query is : Resolved
Respected learned members,

Sir, my client who is a retired lady school teacher has a serious problem in DRT, in connection with a HL applied, under SARAFASI Act. I request your advice on how to deal with this case, which is as follows :
1) The applicant had received a notice U/s 13(2) of SARFASI Act, she filed an IR in DRT challenging 13(2), where the DRT & the respondent had accepted the IR without filing any objections, later 13(4) was issued to the applicant. She then filed an IA for 13(4) & a stay was obtained from DRT from taking symbolic position.

2) After a period of 6 months the respondents filed the objections which is baseless & without any single evidence. The DRT closed the case mentioning to regularize the account & pay regular EMIs, without receiving the counter objections from the applicant.

3) Here what I would like to know is:
a) The applicant has to pay the pending EMIs approximately Rs.1 lakh & DRT has given 3 months time to regularize it. As the DRT has issued the orders for regularizing the account what happens to the "position notice" issued U/s 13(4), whether 13(4) is squashed or not?

b) The applicant has to pay Rs.1 lakh towards her pending EMIs now the respondent is demanding Rs.3 lakhs, what to do?

c) The applicant has received only Rs.5 lakhs towards the HL & the respondent is claiming having paid Rs.15 lakhs where Rs.10 lakhs is more, what to do?

d) Can we approach the "APPELLATE TRIBUNAL" for directing the DRT to conduct a trial in this case as there are several allegations filed in the IR against the respondent which till now has not been proved and before proving & conducting the trial of the case the DRT has closed the case.

e) Since the DRT has issued orders to close the case, the applicant has to pay only Rs.1 lakh & the respondent is demanding Rs.3 lakhs can the applicant file an affidavit in the DRT protesting to pay Rs. 3 lakhs.

Suggest me how to get justice to my client.

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