attachment of property under securtization act2002
Querist :
Anonymous
(Querist) 29 March 2011
This query is : Resolved
R/sir,
if Mr. A taking a loan from bank and Mr. B is surety of A. If a is not repay the loan to bank than bank attached secured property with help of local police and bank put his seal on the gate of property. After that when bank came into possession some 3rd party put his illegal possession over the attached property. Now bank forced my client to repay the loan amount. if bank already attached my secured property then i have no liability regarding the loan amount . or if bank ready to handover the physical possession to my client ready to pay loan amount with interest till date. Loan amount is Rs. 7 Lack and property value more than 32 Lack. my client several time meet the bank official to put the property in Auction and after deduction of loan amount balance payment transferred to me. can i filed a suit for mandatory injunction with restoration of possession against the bank.
Raj Kumar Makkad
(Expert) 29 March 2011
You can make an appeal against the attachment in the given facts to DRT against bank officials and can pray either release of attachment or its auction an settlement of accounts accordingly as sought by you in your query,
