s.k.goyal
27 May 2014 at 17:25
What is liability of mortgagee with deposit of title deeds of a property(immovable) for a loan taken by other person in case of default
Nairita Datta Chowdhury
27 May 2014 at 14:34
The matter is pending before DRT - Kolkata. The matter is...
A reconstruction company namely 'X' registered as a securitization and asset reconstruction company pursuant to Section 3 of the SARFAESI Act, 2002 and 'X' was assigned by a Bank namely 'Y' for its debts. Lawyer filed an Application for Substitution of Party and A/O and A/R are also filed in this respect. In the meantime the erstwhile lawyer was absent in the fixed dates and the matter was dismissed for default. Now we got a Change brief and filed a restoration application where the Learned Tribunal is saying that the 'Y' is the Plaintiff, only it can file restoration application, the present applicant 'X' can't. But there is already a substitution application is filed by 'X' before the Tribunal seeking for substitution and unfortunately on that stage the matter got dismiss for default.
As per my knowledge under Section 5 of the SARFAESI Act, 2002 it is clearly stated that when a reconstruction company is assigned by a bank such securitisation company or reconstruction company shall, on such acquisition, be deemed to be the lender and all the rights of such bank or financial institution shall vest in
such company in relation to such financial assets.
What I want is any citation on this topic as I can place my argument strongly before the Learned Tribunal.
Any other advise by the Experts are welcome to strong my case....
Thanks in advance...
Tapan
27 May 2014 at 12:33
Dear sir,
Four year back we have filled an civil suit in taluka court, but till today we have not even got a status quote. On asking my lawyer about this delay he said judge is intensely providing more hearing to the opposite lawyer. There is no progress in my case. It is stuck at where it was on first day. I asked lawyer what we can do in this situation, but he says court works in this way only.
So please advise me what can i do in such situation. Can we complain to any department or upper court,to look in to this for such delays.
please advise me what legal action can be taken against judge for such delays.
sagar Rao
27 May 2014 at 12:31
Sir,
I had filed RTI application for getting sanctioned plan and enclosed permission letter/ file no copy which my father had taken in the year 1995.
Now i got reply form Town Planning section stating that sanctioned copy plan is not avilabel in their records.
So. Please inform how they can inspect my building without sanction plan, what action will be taken aganist me.
After having permission letter of sanction copy with me and submitted to them.
Thanks & Regards
Ram Mohan
kumar
27 May 2014 at 08:36
In property case I am defendant,the suit is in evidence stage,now I came to know
plaintiff produced wrong plan of property,
now
1- I want to make petition to dismiss the suit.
2- u/s & order pl. mention by which I have to make application.
Satya nand aggarwal
27 May 2014 at 07:37
Decree holder filed an execution of the decree of specific performance, the court ordered to execute the sale and ultimately the sale deed was executed and warrant of possession was issued. Mutation was sanctioned in the name of decree holder. Thereafter one 3rd party who was the purchaser from judgment debtor after the agreement to sell filed an execution for cancellation of the sale on the ground of purchaser. Decree holder gave a statement that he do not want to proceed with the execution and it is fully satisfied and may be dismissed.
My query is No. 1 whether the objector can insist the court to continue with the execution and to decide the objection .
Secondly regular sale deed executed by the order of the court can be nullified by the executing court.
sindhu
26 May 2014 at 13:10
MY APARTMENT NAME IS VAIKUNTAM APARTMENTS,IS LOCATED ON GST ROAD BETWEEN URAPAKKAM AND GUDUVANCHERRY ADJACENT TO AKSHYA APARTMENTS. MY ISSUES IS,IN OUR SALE DEED THE VENDOR REQUESTED TO GIVE WAY AND IN THE LAND APPROVAL ALSO SAME HAS GIVEN, EVEN IN THE PLAN. I QUOTED THE LINE WHICH MENTIONED IN THE SALE DEED "the purchasers does hereby agree with the vendor that they shall provide a right of access to janak’s pushpa shanthi nagar, by a 24 feet wide road, situated at no.06, nandhivaram village, chengalpattu Taluk, Kancheepuram district, comprised in survey nos. 432/1, 439A/1B, 433/1A, 431/1B. Measuring an extent of 417 cents developed by M/s. Sterling Estates and the properties limited from the highways. However the said access shall be at the choice of the purchasers". MY QUERY IS, IS THERE ANY WAY FOR US TO NOT ALLOW THE NEIGHBOURING APARMENTS PEOPLE TO ENTER OR USE THE WAY. THEY HAVE PROPER PANCHAYATH ROAD, EVENTHOUGH THEY SEEKING WAY THROUGH OUR APARTMENTS.WE WANT GATED COMMUNITY APARTMENTS.
sonal
26 May 2014 at 11:44
Dear Experts.
pls guide me is there any law like octroi in bangalore which prohibits filing of case outside bangalore.
The matter is my client who lives in delhi want to file case against organisation having office in bangalore.
someone told me octroi prohibits,u have to file case in bangalore only,u cant file in delhi.
pls experts guide me on this and tell me is there any law of such kind that exists?
Regards
chandan
25 May 2014 at 18:50
sir,
whether a road passing through a coloney can be blocked by putting gates on both the ends of the road. Please also cite citations if available on this issue.
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Reg. property suit
In property suit I am defendant ,suit is in the evidence stage ,I want to make application to dismiss the case on ground of non joinder of necessary party,
1- can I make this application at this satge,
2- if yes u/s & order by which I can.