Hl of my client

Advocate M J (Querist) 28 April 2014 This query is : Resolved
Respected learned members,
My client a retired teacher had availed a HL from a bank which has sent him a SARFASI Act notice U/s 13(2) inspite he paying his EMIs continuously for 7 years. The bank has done this deliberately, refusing to accept his EMIs as he has filed a criminal case against them for misappropriation of his accounts. Challenging 13(2) my client has filed a IR in DRT which was accepted. To file objections against the same the bank's lawyer had requested for a next date.

Instead of filing objections for 13(2) the bank has sent 13(4)position notice which was challenged again by my client in DRT.

As my client challenged 13(4) DRT instructed the bank's lawyer not to take the physical position of the property of my client and passed such orders in the file. Inspite of such orders from DRT the bank has published position notice in the newspaper.

As the bank has ignored the DRT orders my client is afraid that the bank is determined to take the physical position of the property before the next hearing in DRT. Hence he wants to get a stay from the High Court.

Kindly advice how to help my client.

Thank you

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ajay sethi (Expert) 28 April 2014
the DRT has directed bank not to take physical possession of property . if bank has in contravention of said orders sought to take physical possession you have to take contempt of court proceedings against bank in DRT . no need to move HC