Under constitution 226/227
Advocate M J
(Querist) 15 August 2015
This query is : Resolved
My client has obtained a home loan without creating any security interest/mortgage deed. The financial institution has sent notice U/s 13(2) and 13(4) of SARFASI Act and has approached the Magistrate Court U/s 14 of SARFASI act for physical position.
My client has contested the case in the Magistrate Court, which has been accepted.
Before issue of any order from the Magistrate Court can my client file a writ for a stay.
P. Venu
(Expert) 16 August 2015
What has been accepted - the Bank's petition or your challenge?
J K Agrawal
(Expert) 16 August 2015
Dear Mr MJ
You can file writ petition at any time if anything is going unconstitutional.
However generally HC does not interfere unless you have sterling Gold cause with you.
R.K Nanda
(Expert) 16 August 2015
instead of filing writ in high court file petition in DRT to get stay.
Dr J C Vashista
(Expert) 17 August 2015
What is the amount involved in the case? Whether the Magistrate has jurisdiction to entertain the case u/s 14 of the SARFASI Act?
What is the decision/judgment/order passed by Magistrate, if any?
What relief do you intend to obtain from HC in a writ petition?
What would be your decision to such a writ, if you are holding single judge bench in the HC and hearing the writ petition?
Rajendra K Goyal
(Expert) 17 August 2015
Full facts not available. Consult local lawyer, show him full case file related documents and discuss in detail.
