Stay order from court

Stay may be given after you institute a Suit.    You have no chance to institute Suit.     You have no locus standi.

sir how can we have a locus standi.....
i have a reciept of loan given and a blank cheque.....
or is there any other way we can stay the sale of property..

I'm unable to understand your query.      Kindly elaborate.

i had given a loan to a person in cheque account transfer....and in return he gave me  a signed reciept of loan taken and a blank undated cheque....now i think he wants to sell his property and go....for this purpose i want to take a stay order from court .....

I understood the query now.   

You have to institute a suit.      You should get the land attached before judgment.     Without attachment you can't stop the sale.   But the buyer will perhaps suffer later.    I'm not sure because you didn't get the property mortgaged. 

Even if the Bank doesn't institute a suit and therefore no attachment, it can recover its amount because the Bank hypothecated the propery.       Their hypothecation won't, I think, save you.

I request the Hon'ble Members to shed some light on this subject. 

Originally posted by : Rahul sharma
	i had given a loan to a person in cheque account transfer....and in return he gave me  a signed reciept of loan taken and a blank undated cheque....now i think he wants to sell his property and go....for this purpose i want to take a stay order from court .....

How does question of attachment of property arise ?

First you have to deposit your cheque in bank, if it get bounced then you need to file the case under section 138 N.I Act. and if you win and still he don't pay you money then you need to file the case of Execution.

Now coming to your question " Can you get stay oder on selling of property " . The answer is NO.

The most court can do that it can order the bank to pay you remaining amount after aution of that property. Means whatever the bank will get after the auction of property, bank will first clear its own dues then remaining amount will be given to you.

By involving himself in a cheque bounce case, the Questioner may have the person convicted.     But the property would be gone. His money would be lost.     Immediately he must institute a Suit mentioning lack of money in the bank and urgent need of attaching the property. 

Thank you all for your support and advice...