in case of unsecured personal loan, a recovery certificate is issuedby DRT.The borrower has appealed against this order & applied for the immediate stay on recovery proceedings in DRAT.The appeal & the application for stay is still pending for almost 6months. Meanwhile irrespective of this appeal certificate holder ARC has started recovery proceedings & stuck warrant of attachment on borrowers two flats , which are already mortgaged to another banks.Now the ARC recovery persons are pressurizing the borrower to settle the dues for 50% of the loan value or they will dispose off his both the flats.They have already appointed a valuer from DRT for that.Is there any legal remedy available for the borrower to stop the recovery proceedings while the appeal in DRAT is still pending? How is it possible that both the proceedings i.e. in DRT & DRATare continued at the same time? What is the use of the pending appeal before DRAT after the borrower's flats are disposed off by ARC ?
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