Drt & saferasi act

1. Immediately file an application u/s17 of SARFAESI Act,2002 before the Debt Recovery Tribunal of your area,

2. DRT has the authority to hear the matter,

3. You shall have to file the said applicaion within 45 days from the date of the DM's Order,

4. Act immediately after collecting copy of DM's order.

The bankers should have given a notice to you the provisions of law and taken your reply within the stipulated 60 days period, whether you received any notice?, if yes, did you give a reply?  You may now appeal before DRT u/s 17 of the act for remedy.  What is our lawyer's opinion to your queries?

1. When he Bank has obtained DM's order for taking physicalpossession u/s14 of SARFAESI Act,2002, it is certain tghat it had issued Demand Notice u/s13(2) of the Act which the querist probably has overlooked. Otherwise DM would not have issued the said order,

2. However, the querist can file application u/s17 of of the Act within 45 days from the date of issue of the DM's order or being evicted from his property.

I will update the matter

1) Bank has obtained DM order in March 2011. They presented zerox copy last week to me. Bank kept all things secret till now.

2) Bank never issued any notice to me (Occupier) chances are high that they did correspondence with those who did fraud with bank. Bank and Fraud people are keeping every thing secret. I believe (Its my thought no proof for it) that there was one employee of builder in the building he may have taken that notice in secrecy and never allowed that notice to reach my hand.

3) Advantage I have in case is that Charge sheet in my criminal case has been filled in Chief Metropoltant court , So I feel I will have that advantage while presenting the case.

Can anyone provide me draft format of whole set which one should submit to DRT Mumbai 

Myself referring  book on SARFEASI , Rules which are applicable to Mumbai are

The regulation of Practice for Debts recovery tribunal for the stated of Maharashtra, Gujarat, Goa,  and UT of Dadar Nagar Haveli, Daman and Diu , 2010

1. It has not been informed as to in which capacity you have occupied the flat since you have called yourself as an occupier and never an owner,

2. If you have valid Title Deed registered before the said flat was mortgaged by the Borrower in favour of the said Bank, file an application u/s17 of the SARFAESI Act,2002 wwithin 45 dyas from the recorded date of your receipt of the said Notice of the DM,

3. I hope that you have an evidence that you have received the DM's notice only last week, to be within the limitation period,

4. After you file application before the DRT, you will get copies of all notices issued by the Bank and other relevant papers, if directed by DRT,

5. SARFASEI Application is comlicated & it need specialisation on the subject. There is no formated application and all applications differ depending on the facts of the case,

6. Engage a local lawyer having specialisation in this field. 

While reading back , I feel , my case I have not presented properly in this forum.

But ans. which I got was very professional and correct. I personally Thank Adv. Ganguly and Adv.T. Kalaleslvan for spending valuable time. 

 

You are welcome for your appreciations.