Contempt of court

at your mercy (Querist) 28 July 2024 This query is : Resolved

1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.

2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.

3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.

4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.

5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.

6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.

7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.

please advise thanks

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Quick Summary

A recent property auction winner is facing issues after the original borrower forcibly re-entered the property, breaking locks and occupying it. Despite obtaining an eviction order and completing legal procedures, the borrower's actions have led to delays and uncooperative police. The owner is now seeking advice on filing a contempt of court case, though some suggest alternative legal routes like a suit for ejectment or recovery of possession.

T. Kalaiselvan, Advocate (Expert) 29 July 2024
There is no contempt of court case is maintainable.
If he has trespassed the house property then it is a criminal offence besides you have to file a suit for ejectment to eject him out of the property

at your mercy (Querist) 29 July 2024
Respected Sir. thanks our lawyer has filed a civil suit for recovery of possession in dist court. number and admissons are ye to be known.. God bless you and your family

T. Kalaiselvan, Advocate (Expert) 29 July 2024
You can follow it up with your lawyer on the progress of the case properly

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