Siva
02 June 2010 at 22:28
Dear Sir
This is siva, I am seeking ur good suggestions from the below said facts and case details as follows:
I have 2 sisters and 2 brothers. I was borrowed the loan from Nationalised bank with a quantum of Rs.15,00,000/ as Cash credit limit and Rs.5,00,000/- as bank guarantee on 2000. So far my mother stood as a guarantor for the above said entire loan amount and offered her self acquired property as a collateral security and we created equitable mortgage on 2000.
Due to some unforeseen circumstances I was lost my business and outstanding amount. On October 2002 the bank has declared my account as NPA for Rs.22,23,000/- and issued notice under section 13(2) and got acknowledgement from both of us.(me and my mother) and they took symbolic possession of the above said property, following to these proceedings they put the property for public auction on 2004 for Rs.6.00 Lacs only
But no one has come forward to buy ours property through public auction. So the action called off, also the bank continued he sale proceedings after two years on 2006 for Rs.6.40 lacs, that time also no came forward to buy in that auction.
During the course of proceedings by the bank we our family members doesn’t take any legal action or legal steps to prevent the property. Because that property is not much worth when compare to loan amount.
On 17/07/2007 my mother was died due to sudden cardiac arrest, also we never intimated to the bank regarding my mother’s death.
On 03/08/2008 the bank issued a paper publication and brought ours property in a public auction and which was sold in a public auction on 04/09/2008 and they registered a property in the name of auction purchaser on 23/09/2008 for Rs.7,61,000/-. The same notice has been sent by the bank to me and my mothers name through registered post. We deferred to receive such notices almost in all times, so we deferred to receive the notice and we said the reason that we have shifted from that address to some other address.
On 18/09/2008 one of my brothers was filed a partition suit in the civil court and prayed for stay that not to create any charge or encumbrance against our property by the bank, but it was no use. The court issued notice to the bank, so the partition suit is still pending with civil court.
Also our my father put 7 tenants in that premises which was already sold by the bank in a public auction, the tenants were much effective and kept the possession safe and secure away from the auction purchaser. Because now the property worth will be around 25 lacs.
After a very long struggle, the auction purchaser approached High Court and finally got direction to the magistrate to take the possession immediately. So the advocate commissioner took the possession of the property with the help of police on 18th May 2010 and handedover the property to the bank, also the bank handed over the property to the auction purchaser on the same day. After received the actual possession he demolished the houses on the same day itself.
On 25/05/2010 we meet a advocate counsel; he advised us to approach DRT to grand stay the proceedings and said we have only 10 percent chance to succeed in this case. He advised to file a petition under section 17 by our family members (father, 1 brother and 2 sister) as a petitioner against 1.me(siva), 2. Bank 3. Auction purchaser as defenders and filed a condone delay petition for 575 days and prayed to grant stay along with a brief petition, that we are the legal heirs of deceased guarantor and we didn’t have knowledge and didn’t receive any notice before the sale proceedings about the bank sale and they prayed for set-aside the sale by the bank and restore the actual possession of the property. But the DRT has deferred to grant a stay and directed the bank to maintain status cuo possession of the property on 26th May 2010 and issues showcase notice to the Bank and auction purchaser to file any objection on 8th June 2010 to allow the petition filed by us. For these fillings, he has charges Rs.25,000/-.
Now, the counsel is asking another 10000/- to proceed further steps on 08th June 2010.
My question:
1)From the above facts, we have any grounds to succeed in this case.
2)Shall we proceed or leave it.
3)We had spent almost 2 lacs for these entire all court proceedings and policticians from the beginning itself.
4)Most of the lawyers suggest not to go further…
5)Is there any loop hole point from the facts pls. suggest me how to defend.
NOTE: Bank has followed and published all the sale proceedings and symbolic possessions as per act.
Accept the notice to legal heirs...
Thanks.
Anonymous
02 June 2010 at 21:13
what would be the eligibility criteria for vacation bench supreme court of india. a special civil case is been filed in supreme court since past 2 yrs , underwent 7 listings and been undergoing many extensions. the party now wishes for urgency and therefore vacation bench hearing. can it be eligible.
Soma
02 June 2010 at 17:54
Husband filed a case against the wife for restituiton of COnjugal right. Both the husband and wife is Govt. Servant. Husband used to subject the wife huge torture. Wife forced to live separately. Wife did not filed any criminal case against the husband.
Now how can the wife defend the suit?
There is no strict evidence of such torture.
The intention of the husband is to torture the wife again.
By what evidence wife can defent the suit?
awadhesh khadiwala
02 June 2010 at 16:38
wheather a revision are review can be lie against the order passed by lok adalat agaist the compromise filed by the parties with such tapes of direiction & condition which are not in the compromise .
Member (Account Deleted)
02 June 2010 at 13:40
sir, please please, tell me exact format of petition under article 32 and the exact procedure to file it before hon'ble supreme court.
S. Srinivasa Prasad
02 June 2010 at 12:34
Respected seniors,
Pl. give me the provision under which court fee for filing Caveat and also the amount of court fee to be paid in Andhra Pradesh.
Regards,
S. Srinivasa Prasad.
Anonymous
02 June 2010 at 11:00
My two grand mothers jointly given me some property through a registered 'Deed of settlement' on year 2005. One of them expired in yr 2006. Then I mutated my name against subject property jointly with my other alive grandmother in the local municipality & BLRO office. Now in 22 Apr 2010 under influence of some of my relatives my alive grandmother registered a 'Revocation Deed' in District register office, Howrah. Now please tell me:-
(i) Is that revocation deed is valid/legal(though it was written in the deed that said property cannot be transferred/altered)?
(ii) What action should I take now? (they have given lot of wrong allegation in the cancellation deed also)
Please help me.
Adv. Virendra
02 June 2010 at 01:04
I want a sample of a suit for specific performance of contract. Can pls. anybody pass it to me ?
My case is that the transferor is now not signing some of the documents in the transfer process.
anshul sangal
01 June 2010 at 22:40
sir my question is what are the grounds of stay of execution of decree?
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Electricity Connection to a lawyers chamber
Hello,
I am an advocte from AGRA(UP).
I want to know how can I get an electricity connetion for my chamber in domestic category(LMV 1) instead of Commercial category (LMV 2) as there is huge difference in the tarrif.
The authorities of Torrent Power Limited here in AGRA don't know about any notification/ circular in this respect. They showed me UPERC ACT, but there is nothing about my interest. Plz suggest me what should I do?
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