Sarfaesi act
Advocate M J
(Querist) 19 February 2015
This query is : Resolved
Honorable learned members,
My client has filed a case with DRT under sarfaesi act under 13(2), which went on for a period of 1 year after which the DRT has issued orders against my client to pay Rs. 5 lakhs giving a period of 3 months.
Can my client approach the High Court challenging the DRT orders as my client has filed a PCR complaint against the same case in the magistrate court so my client wants to file a Writ petition in the High Court challenging the DRT orders requesting the High Court to give a stay for the DRT orders till the PCR case filed in the magistrate court is decided, the PCR case is filed against the same financial institution in the Magistrate court.
prabhakar singh
(Expert) 19 February 2015
Your client himself invoked the jurisdiction of
DRT and when order is passed with a direction to pay, he wants to by pass it jumping over Debt Recovery Appellate Tribunal, by filing writ in High Court,i think High Court shall not allow him and ask him to exaust his appellate remedy if ,any.
Rajendra K Goyal
(Expert) 19 February 2015
Agree with the advise of expert prabhakar singh ji.
Advocate Bhartesh goyal
(Expert) 19 February 2015
Writ petition against the order of DRT is not maintainable,approach to Debt Recovery Appellate Tribunal.
T. Kalaiselvan, Advocate
(Expert) 21 February 2015
Ask your client to exhaust the remedy available before the DRAT first and then think about next course of action.
K.K.Ganguly
(Expert) 23 February 2015
1. Your client can not file an application before the DRT under section 13(2) of SARFAESI Act,2002 as claimed by you. Demand Notice is issued u/s13(2) of the Act by the lending Bank. Your client can file the said application u/s17 of the said Act,
2. However, your client shall have to appeal before DRAT by depositing atleast 25% of the amount mentioned in the Demand Notice> If you get any adverse order from the DRAT, you can approach the DRAT against the said impugned order of the DRAT,
2. You can not approach the High Court against the impugned order of the DRT by passing DRAT,
3. Moreover, Civil Court has no jurisdiction to try the matter falling under the jurisdiction of DRT as per SARFAESI Act,2002.
