Misconduct by drt & drat
Kvijay12345
(Querist) 11 February 2015
This query is : Resolved
while the appeal against the recovery certificate issued by DRT and the application for stay on the recovery proceedings by the borrower is still pending in DRAT; Warrant of attachment is issued and Valuer is appointed by DRT without asking for the status of the Flats owned by borrower. Those 2 flats are already mortgaged with other banks. Neither any advocate filed Vakalatnama nor anybody appeared for ARC (Asset Reconstruction Company) even 3 months (i.e.5 dates) after receiving the summons from DRAT regarding the appeal filed by borrower against the order of DRT. Still no decision is taken on borrower's stay application on recovery proceedings, instead, the matter is postponed by 2months & moved to the chairperson of DRAT for hearing . Meanwhile the ARC is looking to dispose off the flats owned by borrower though they are mortgaged with other banks.What legal remedies available with the borrower to stop the recovery proceedings & take the action against ARC against their harrassment to borrower? Can borrower file the writ petition in Highcourt for immediate stay on recovery proceedings & for relief against the misconduct of DRT & DRAT to avoid huge financial losses if his flats are disposed off by ARC before the appeal in DRAT is heard?
Devajyoti Barman
(Expert) 12 February 2015
Yes, seeing the urgency in the matter the borrower may move to high court under article 227.
The high court if do not intervene, it would at least direct thr DRAT to hear the appeal expeditiously.
Kvijay12345
(Querist) 12 February 2015
Is it the normal procedure of the DRT & DRAT to continue the recovery proceedings without considering the appeal filed or the application for stay & let the bank or ARC to dispose off the assets owned by the borrower? Generally the order of the lower court is stayed when a petitioner appeals to the higher court against that order.If the highcourt doesnot intervenes and directs the DRAT to hear the appeal expeditiously, what is the use if the application for stay by the borrower is not decided early? The hearing for the appeal in DRAT may take longer duration to be heard.If this application for stay is not decided early , the ARC may dispose off the assets owned by the borrower thereby causing the borrower huge financial losses.Does such incident not affect the natural right of a person to justice and to defend himself. pls reply.
RAJU O.F.,
(Expert) 13 February 2015
You may prefer Writ before High Court for urgent remedy; do not allege misconduct against DRT or DRAT. If Respondent ARC did not appear in DRAT the Chairperson can set them ex-parte and pass interim stay order. File petition for advance/urgent hearing in DRAT and present the matter through a Senior Counsel for getting proper Order.
Rajendra K Goyal
(Expert) 13 February 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Drt-499606.asp#.VN16-eaUePw
http://www.lawyersclubindia.com/experts/DRT-Judgement-499656.asp#.VN17AeaUePw
http://www.lawyersclubindia.com/experts/Attachment-of-property--513551.asp#.VN17feaUePw
http://www.lawyersclubindia.com/experts/Drt-511401.asp#.VNTFPeaUePw
http://www.lawyersclubindia.com/experts/Drt-513481.asp#.VNTFPeaUePw
http://www.lawyersclubindia.com/experts/Drt-522156.asp#.VN17h-aUePw
Biswanath Roy
(Expert) 14 February 2015
File an application under Article 227 of the Constitution of India stating that your case is a denial of NATURAL JUSTICE more particularly denial of Substantial Justice and pray for an interim stay order till disposal of the Appeal.
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
As advised by experts, you may move high court with a writ petition filed under article 227 of the constitution for stay of the proceedings or a direction to DRAT to dispose your pending application before them expeditiously.
K.K.Ganguly
(Expert) 16 February 2015
1. You have just filed an application before the DRAT praying for a stay order on the operation of the order passed by the DRT,
2. No stay order has been passed in your favour,
3. The Bank or its ARC is with in their rights to continue/initiate recovery proceedings as per SARFAESI Act,2002,
4. You can make a mention before the DRAT for early hearing due to urgency as such mentioning is a regulat fearture before the DRT & DRAT,
5. There can not be misconduct by DRT or DRAT. They can pass impugned order which you can challenge before the higher court,
6. If DRAT passes order refusing to grant stay as per your petition, file a W.P. before the High Court who may direct the DRAT for early hearing of your matter.
