DRT Matter
Ajay
(Querist) 03 October 2010
This query is : Resolved
dear sir
we have file objection to notice but not objected legality of notice,we file the case in DRT court also but we simply refused that we have not recieved the notice under section 13(2).Now whether notice under section 13(2) is valid or not,i want to know when bank has not ask only remaining balance amount,bank demanded full loan sanction amount,they did not reduce principle paid by us,further they did not give details of account,neither they mention about property mortage also,in 13(3),it is mention that all these condition to be fullfil.Plz guide can we challenge notice legality
R.Ranganathan
(Expert) 03 October 2010
You have not come out with the exact nature of your problem. Banks will always give credit to the payments and the same will be reflected in the statement of accounts. So the Banks will not be charging anything that is not due. You tell how much you have borrowed, how much you paid, the interest rate and the date of loan. This will help in answering the query.
s.subramanian
(Expert) 03 October 2010
When you have gone to DRT alleging that you have not received the 13(2) notice,it will not be safe on your part to challenge the same on these grounds. DRT will raise a doubt as to how you came to know about the lack of details without receiving the said notice. It is better to continue with your present stand that there is no service of the said notice on you.
Devajyoti Barman
(Expert) 03 October 2010
If you have not received the notice at the first place, then how come you filed the case in DRT. Your case does not seem to be maintainable and if you have received another notice, then it is advisable to file a fresh case after withdrawing the earlier one.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 October 2010
Under the sarfaesi act notice u/s 13 (2) the borrower has to reply within sixty days and seek compliance of defects in the notice which the lender is bound to reply within next seven days.
If they dont , you have right to get the the original notice quashed.
Ajay
(Querist) 03 October 2010
shashikumar sir
we have reply to notice but did not mention the defect of notice just only objected about notice that we are paying instalment and very smal amount is due which will be cleared in short time but we did not object validity of notice.later they issue possesion letter and publish in paper also,we move to DRt court and taken stay.
after 2 hearing Judge vacated stay suo motto saying we r delaying proceeding.
We move to chennai DRAT for granting stay till case is going on,
Now can we challenge in DRT that notice is not legal hence we refuted in our apeal that we did not recieve notice.
