sarfaesi act
swamy
(Querist) 18 September 2016
This query is : Resolved
22-03-14 sbm bank conducted eauction I participated and successful bidder for one property home it was symbolic posession to bank Same Day I paid 25% of amount t bank. Defaulter filed Sa got dismissed then I paid 75% amount t bank.
Defaulter approached t high court filed writpetetion under 226 Certiotary. Wp also dismissed.
Now he filed review petetion notice has been served to me and paid t bank auctioned amount of Rs 14 lakh.in his son name (for one property bank took money from defaulter and sold in sarfaesi act to me ) showing this to high court he defaulter can create sympathy. And ask court t make set aside of drt order. ?
Can he have the option t get back his property?. If so order has been passed where I can approach and where can I file suit against bank.? Because of delaying process.?
Present bank have dc order t vacate him when review petetion in court bank can take physical posession.
Thanks for your valuable advice.
Raj Kumar Makkad
(Expert) 18 September 2016
You have to defend review application. The courts generally don't go with the sympathy especially when the property has already been got auctioned and order to take physical possession has been issued. Even the remedy against DRT is not before high court rather he must have to approach DRAT.
Anyway, you can file your petition before DRT for compensation for handing over the possession at the earliest as assured.
Rajendra K Goyal
(Expert) 19 September 2016
You asked:
he defaulter can create sympathy.
Primarily Court does not consider sympathy before law.
You asked:
And ask court t make set aside of drt order. ?
Ans: He may demand, oppose his plea, Court may not agree.
You asked:
Can he have the option t get back his property?.
Ans: No till any technical fault is proved.
Rajendra K Goyal
(Expert) 19 September 2016
You asked:
If so order has been passed where I can approach and where can I file suit against bank.?
Ans: Hypothetical situation at present.
You asked:
Present bank have dc order t vacate him when review petetion in court bank can take physical posession.
Ans: If no stay granted by court for possession, you / Bank should proceed to take possession.
Kumar Doab
(Expert) 19 September 2016
Expert Mr. Makkad and other experts have already shared observation on the query in illustrated thread at;
http://www.lawyersclubindia.com/experts/bank-615796.asp
It may be referred.
Kumar Doab
(Expert) 19 September 2016
Other threads;
http://www.lawyersclubindia.com/forum/drt-order-140969.asp
http://www.lawyersclubindia.com/experts/auction-property-from-bank-612786.asp
http://www.lawyersclubindia.com/experts/drt--612551.asp
http://www.lawyersclubindia.com/experts/caveat-613136.asp
http://www.lawyersclubindia.com/experts/bank-consumer--613861.asp
http://www.lawyersclubindia.com/experts/drt-to-drat-614331.asp
Guest
(Expert) 19 September 2016
It seems, the querist is in the habit of posting hypothetical and fake queries that too repeatedly.
Guest
(Expert) 19 September 2016
Mr. Swamy,
If you are really facing any such serious problem, why not hire services of some local lawyer, instead of depending upon the opinions on your casual type of enquiry?
Raj Kumar Makkad
(Expert) 19 September 2016
We all experts should strongly discard the hypothetical queries.
swamy
(Querist) 19 September 2016
Dear sirs I asked repeatedly because I have less English knowledge in presenting my query. For this sorry.
swamy
(Querist) 20 September 2016
Dear sirs I asked repeatedly because I have less English knowledge in presenting my query. For this sorry.
Kumar Doab
(Expert) 20 September 2016
All queries have been discussed and illustrated.
By now you would gained full clarity.
Your own counsel can advise you further.
Guest
(Expert) 20 September 2016
If you have less English knowledge in presenting your query, on what specific ground you expect the experts to waste their precious time in replying your repeated queries?
Raj Kumar Makkad
(Expert) 22 September 2016
Your English is super which has taught you how to raise maximum queries on the same subject supresssing the earlier. What more you require from poor English now?
Kumar Doab
(Expert) 22 September 2016
The queries were posted in English and were crystal clear.
The replies are also crystal clear.
All queries have been discussed and illustrated.
By now you would gained full clarity.
Your own counsel can advise you further.
swamy
(Querist) 26 September 2016
Rajendra k goyal sir.
Told me t take physical posession so my own counsel also said t take physical posession. Now v are taking.
Thanks t one and all for your valuable information..
Great app ( lci ) and all are great personalities.
Raj Kumar Makkad
(Expert) 26 September 2016
You are always welcome but kindly don't open various fronts for one query at so many places.
Guest
(Expert) 26 September 2016
Mr. Sway,
You have the need to scrupulously adhere the final advice of Shri Raj Kumar Makkad.
Kumar Doab
(Expert) 26 September 2016
Revert back as suggested by Expert Mr. Goyal.
swamy
(Querist) 04 October 2016
Sir dc ordered sec 14 of sarfaesi act 2002 to tahashildar. Tahashildar ordered t deputy tahashildar now Ri (revenue inspector) is not ready t help to bank to take physical posession not giving time and date to evict.
Telling review petetion is pending no stay nothing in review petetion. ?
