Indrajeet Shah (Partner) 13 September 2015
Subash M R (Advocate) 13 September 2015
No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section(14) shall be called in question in any court or before any authority.
Thanking you,
Indrajeet Shah (Partner) 14 September 2015
T. Kalaiselvan, Advocate (Advocate) 21 September 2015
Your question itself has an answer in it. You have stated that
""The DRT court has already granted a stay against the possession of property under section 17 of the Sarfaesi Act.The order of the DRT court to pay a certain amount of money to the Bank over a period of time has also been fulfilled. ""
Therefore the bank shall not initiate any process to proceed with the possession or sale of the property now under sarfesi
RAJU O.F., (Advocate) 25 September 2015
Bank cannot proceed under Sec. 14 for physical possession of the property as long as the Stay Order is subsisting. In case after submission of counter and documents and also arguments if DRT came to pass an Order dismissing the SA and vacating the stay, then only bank can proceed any further.