Drt

Advocate M J (Querist) 18 February 2014 This query is : Resolved
Dear Respected learned members,

My client has challenged SARFASI Act notice 13(2) sent to him for which an appeal U/s 17(1)has been filed in DRT, the same has been accepted by the DRT issuing notices to the financial institution to appear on 12/03/2014.

In the meanwhile, the notice sent to my client U/s 13(2) giving 60 days time to pay the amount has been lapsed.

Can t he financial institution proceed against my client U/s 13(4) as 13(2) itself has been challenged by my client which is with DRT.

Kindly suggest what to do.

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prabhakar singh (Expert) 18 February 2014
Have you not filed any IA praying DRT to order Bank not to proceed further till pendency of appeal.???
Filing of appeal does not mean stay of proceedings by the bank.
In absence of an order Bank may proceed which would be subject to final decision in appeal as DRT may set aside all proceedings including auction,if any by bank,allowing the appeal.