Drt
Adv. Umesh Chhangani
(Querist) 18 October 2013
This query is : Resolved
Sir,
We are filing SA (Securitization Appeal) in DRT, in this case the bank has taken possession before 4 months and now the bank has put our property for sale by issuing sale notice to us. Now in this appeal we have challenged sale notice and also prayed for setting aside of possession notice also. DRT raised the objection that our limitation will start from the date of Possession notice and not from Sale Notice. as per the sale notice is concern we have filed it within limitation but so far as possession notice is concern we are not in limitation.Possession notice is of 4 months before and sale notice is of 40 days before
Now my query is that...
1) can we challenge the possession notice along with sale notice?
2) can we challenge both sale notice and possession notice now?
Devajyoti Barman
(Expert) 18 October 2013
Yes, you can challenge both the notices now in a single proceeding.
R.K Nanda
(Expert) 18 October 2013
1.yes
2.yes
Adv. Umesh Chhangani
(Querist) 18 October 2013
But the DRT put my SA in objection stating that your limitation starts from the date of Notice of Possession...
And told me that bring a judgement so that we consider the SA. Or change the prayer clause and remove the prayer of Setting aside of Possession Notice.
Nadeem Qureshi
(Expert) 19 October 2013
then you should search the judgement & file on record before DRT.
Rajendra K Goyal
(Expert) 21 October 2013
provide the full information along with the dates.
Adv. Umesh Chhangani
(Querist) 22 October 2013
possession notice was of 14 july 2013
and sale notice was of 18 sept 2013
