Querist :
Anonymous
(Querist) 21 November 2011
This query is : Resolved
Is section 19(12) of recovery of debts act 1993, applicable for unsecured personal loans? Can the unsecured personal loan be made secured under section 19(12) of recovery of debts act 1993, if there is a dispute on the loan agreement? what are the legal remedies available for the borrower to challenge and dismiss the application made by the applicant under section 19(12) of recovery of debts act 1993 in the DRT? If any such order under section 19(12) of recovery of debts act 1993, is passed by DRT , what are the legal remedies available for the borrower to lift the injunction from he immovable assets?
Devajyoti Barman
(Expert) 21 November 2011
It is sounding like a law school question which I prefer not to answer. If it has any practical application then give the details.
Rajeev Kumar
(Expert) 21 November 2011
Mr. Barman has replied well
Raj Kumar Makkad
(Expert) 22 November 2011
There is no applicability of given section on personal loans and if any order by DRT has been passed violating the basic feature of this legislation, the same can be challenged before High Court and such judgment can be declared as nullity having no force of law.
Shonee Kapoor
(Expert) 22 November 2011
Agreed with Ld. Mr. Makkad.
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