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Nilesh (Owner)     10 November 2011

Securitazation

Development bank has filed civil suit for recovery of amount agaisnt its customer, mean while DCB sold its NPA protfolio to ARCI a compnay registred under Securitization. How ever suit was proceed by DCB without knowladge of ARCIL.-    ARCIL by using remiedis of securitization act i.e. 13(2) sold the property. Now deft filed application for addation of parties i.e. arcil purchaser- court allowed n directed to DCB to add- summons issued to ARCIl. deft filed T.I application, application u/Sec 60 of T.P act, and appliation under section 193 of IPC n 340 of Cr.P.C for agasint manager of DCB who lead evidnece. 

wht should be done in this situtation. 



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 November 2011

Dear Nilesh

firstly when the DCM sold the portfolio of NPA accounts , you account is in that portfolio?

it is neccesery to inform to court if the portfolio sold by the plaintiff and change the plaintiff  in civil suit.

u/s 13(2) notice it is mandatory to give 60 Days time to Borrower to representation/objection and if the objection is raised then the FI/Bank shall communicate the borrower or gurantor regarding acceptance or rejection of the documents.

you should collect the more information regarding loop holes of the bank side and also collected evidence for your defence.

feel free to call

Nilesh (Owner)     14 November 2011

Tnx Nadeemji

MANOJ HARIT (LAWYER)     14 November 2011

Mr. NIlesh, submit more details along with dates so that a correct legal opinion can be arrived at.


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