Debt recovery tribunal

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
I had availed of the unsecured personal loan from the Bank. Now the bank has moved to DRT for the recovery of the loan .The applicant bank has applied for the injunction on transfer, selling of the immovable assets ,& has also demanded for the attachment & possession of the immovable assets , in the same injunction application,the applicant bank has admitted that the concerned personal loan is unsecured loan & neither any collateral security was taken nor any mortgage deed was made at the time of sanction of the loan.Is section 19(12) of recovery of debts act 1993, applicable for unsecured personal loans? on what grounds this injunction application can be dismissed? what are the legal remedies available for the borrower to challenge and dismiss the application made by the applicant under section 19(12) of recovery of debts act 1993 in the DRT? If any such order under section 19(12) of recovery of debts act 1993, is passed by DRT , what are the legal remedies available for the borrower to lift the injunction from the immovable assets?

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Devajyoti Barman (Expert) 24 November 2011
The bank can not use that section against the unsecured debtor.
The borrower can highlight the bar on unsecured loan as a measure of his defence.