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raja (Querist) 08 December 2010 This query is : Resolved
bank has initiated sarfesai proceeding and for the same loan they have filed case in drt. for the one loan, they can initiate two proceedings?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 08 December 2010
These are not two proceddings but part of one only.

raja (Querist) 08 December 2010
they have initiated these proceeding in two forum for the same loan.

Kirti Kar Tripathi (Expert) 08 December 2010
you file objection, the subsequent case shall be stayed on the ground of res sub judice.

Advocate Bhartesh goyal (Expert) 08 December 2010
If the bank filed two cases for same loan/recovery then you have right to get stayed the subsequent case u/s 10 of c.p.c till the decision of first case.

malipeddi jaggarao (Expert) 09 December 2010
sarfaesi proceedings are not through court of law. If the charged property is not sufficient to meet the liability, the bank can simultaneously initiate action by filing suit in DRT. What is the prayer in the DRT case?