Legal proceeding
Advocate M J
(Querist) 28 June 2013
This query is : Resolved
good morning learned members.
Sir, my client property was filed under SARFASI act which was settled by the institution after my client paid double the amount to withdrawn the Sarfasi proceeding
now my client wants to file a case against the institution for collecting the double amount in DRT Court,after a gap of 8 months after settlement.
1) is thr any time limit to file the case in DRT court after the settlement against the said institution?
2) under what section my client can claim for recovery of the double amount paid to the institution? can v file a recovery suit against the institution?
thank u
Anirudh
(Expert) 28 June 2013
What is the "double amount" that you are talking about. Does the entire amount (double the amount) represents the original loan amount + interest or not.
If not please tell what is the loan amount, what is the interest due and what is the extra amount paid.
First please confirm this, before any further views could be expressed in the matter.
ajay sethi
(Expert) 28 June 2013
answer queries raised by anirudh
Rajendra K Goyal
(Expert) 28 June 2013
Whether the double amount represent the double of the outstanding with interest or double the amount for which notice was issued. No Bank can charge more than what is due (total outstanding with interest and expanses)
