Loan legal matter
Advocate M J
(Querist) 22 August 2012
This query is : Resolved
Good Evening learned
members
My client has taken a home loan from a financial institution and he has
being paying the EMI'S regularly since thr was a differences in the
account and manipulation in the account, he has asked to clarify his
account, the cheque which has been paid by my client towards the account
for a particular month is showen as bounced according to their
statement,my client wants to clear all pending EMI,S of 6 to 7 months
only after getting the clarification of the account for which several
legal notices was sent which as not been asked so far
In the meanwhile thr had given a paper notification for auctioning of
the said property by pasteing the paper cutting of the auctioning
My client wants to take a stay order from the civil court.
I request the learned members to advise wht to do.
prabhakar singh
(Expert) 22 August 2012
IF LOAN IS FROM FINANCIAL INSTITUTION,JURISDICTION OF CIVIL COURT IS BARRED AND YOU NEED TO VISIT DRT/DART/HIGH COURT.
malipeddi jaggarao
(Expert) 23 August 2012
File a case in DRT giving full facts. When you are ready to pay the EMI after receiving the clarification, what is the problem to the financial institution? You can visit their higher authorities and if they do not heed, you can file a petition in DRT requesting direction to restrain the proceedings of SARFAESI.
