DRT

Kvijay12345 (Querist) 26 December 2016 This query is : Resolved
Can any asset reconstruction company (ARC) file the case in DRT against the borrower if the loan is taken from the bank? does the DRT issues summons to the defendent? If the summons is not received by the defendent & if the defendent is completely unaware of this proceedings & hence due to lac of knowledge if he doesnt appear before DRT, can the registrar of the DRT pass the Exparte order against the defendent? Or the matter is put before the presiding officer by the registrar for the Exparte order? In such case , before passing any exparte order or recovery certificate, Does the presiding officer issue summons against the defendent again so as to enable the defendent to appear & defend himself?

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adv.bharat @ PUNE (Expert) 26 December 2016
Yes it can be filed.

Ignorance of law is not excused.
It is your duty to know about the legal duty and your right. If u ignore it then also you will be punished according to law.

Ms.Usha Kapoor (Expert) 27 December 2016
DRT can issue summons again for recovery.Other wise it will go exparte.

R.K Nanda (Expert) 27 December 2016
contact local lawyer.

Rajendra K Goyal (Expert) 27 December 2016
It is better to immediately consult lawyer dealing in DRT cases and try to recover the already damage done in the case made against you, probably due to little knowledge of law and overconfidence.

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