Ashok Kumar (manager) 28 July 2011

Sarfaesi 13(4) notice urgent

Sarfaesi 13(4) notice issued on 29.06.2011 and it says bank will give time for 30 days(29-07-2011) . I have repayed 80% of the amount and I a salaried person I will recive my salary on 03-08-2011 I requested the branch that I will clear all the dues by 03-08-2011 but the branch is not accepting they are forcing me to pay on 30-07-2011.The property is our self occupied residential house with and minors. and Iam in a outstation.

How to resist the bank and possibly accompanying police etc when they come for posssession??

I have strong case for wrong NPA classification and no dues.

Please advise. Thanks in advance

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8 Replies

danish (Manager) 28 July 2011

Hire a good lawer from DRT he wil assist u

pervez (adviser) 28 July 2011

You have not stated the amount due as on the date of notice.. If the amount due is less than Rs. 1 lakh or the amount due is less than 20 percent of the principal amount , the SAFEASI Act can not be invoked.... pl check at your end and send suitable notice through advocate....

Kumar Doab (FIN) 28 July 2011

Deposits in loan a/c can be made at any branch of the bank in India. You shall save yourself from lengthy litigation.

After you have paid, you can sue the bank for harassment, willful default. You shall have upper hand.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 28 July 2011

You can not be forced to vacate self occupied house.

Ashok Kumar (manager) 29 July 2011

I have to pay only 25000 for this branch is forcing like any thing but my property worth of 35 lakh

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 29 July 2011

Give notice to the bank and object to possession by force otherwise file criminal complaints against the staff concerned.

J. P. Shah (RTI & CONSUMER ACTIVIST) 30 July 2011

Lodge detailed complaint with Chairman of the bank by email and speed post. Give all the details and proof. Please visit website of the bank and peruse various policies for loan recovery, fair deal etc. Quote them in your reply. You can even send a post dated cheque to bank towards full repayment. This will make your case more strong.

J. P. Shah (RTI & CONSUMER ACTIVIST) 30 July 2011

Please also send copy of complaint to authorised officer of bank under SARFESAI Act. If you resist taking possession by bank officers, bank has to approach to District Collector/Magistrate to obtain possession u/s 14 of this act. This will give you 15-20 days time.Bank officers cannot throw you out.. Please refer following judgement which is available on website of High Court of Bombya:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8893 OF 2010

1 M/s.Clarity Gold Pvt.Ltd.

2 Mrs.Ganga Devi Gupta .... Petitioners

1 State Bank of India

2 Authorized Officer, State Bank of India

3 M/s.Adhikrut Jabti Evam Vasuli

4 Shiv Shankar Lal Gupta

5 Debts Recovery Tribunal No.II, Mumbai

6 Debts Recovery Appellate Tribunal, Mumbai .... Respondents

CORAM: DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ.