Obtaining injunction order against bank recovery procedure

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
Sir,

I have been staying in leased house since March 2006. After occupying the house, i came to know that my owner has taken a loan against the property. Past 2 years my owner is absconding and has defaulted in paying EMI to the bank. Lease period is also completed and am ready to vacate the place, provided the lease amount is returned as per the agreement.

Mean while bank folks are trying to take possession of the property by approaching Bank Debt Recovery Tribunal.

What are my chances in obtaining a injunction order from being evicted ?

If injunction can be obtained, what will be charges involved ?

What will be max period, this injunction will be effective ?

Thanks in Advance.

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Daksh (Expert) 12 June 2010
Dear Anonymous,

As there is no privy of contract between you and the bank being a third party you cannot do anything to the bank except for getting the order to the effect that "you cannot be evicted by the bank except for the legal procedure alone".

Otherwise you can persue your remedy separately against your landlord.

Best Regards

Daksh

ARVIND JAIN (Expert) 12 June 2010
YOU CAN TAKE ACTION AGAINST OWNER ONLY. CIVIL COURTS JURISDICTION IS BARRED.

adv. rajeev ( rajoo ) (Expert) 12 June 2010
You cannot take injunction order against the back because you are no way concerned to the bank.

Querist : Anonymous (Querist) 13 June 2010
Thanks for all your valuable comments. It has definitely cleared some of the confusions i had with injunction.

I had a informal talk with the bank's legal panel and they said that if I handover the possession of the house, they will call for public auction. If the auction fetches amount more than bank liability, then they verbally assured to settle lease amount with that difference.

I am convinced that bank liability is more than what it can fetch from open auction.

Considering the fact that my owner is still absconding. What are my legal options in having possession of the house till the lease amount is settled.

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