Sarfaesi Act

Querist : Anonymous (Querist) 30 October 2009 This query is : Resolved
After taking possession Borrwer filed appeal before DRT and also tresspass over the property ,Can we seek HC intervention for re-delivery of property and police protection till the dispose of appeal pending before DRT?

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Virender Negi (Expert) 30 October 2009
if there is no stay by DRT against the secured creditor.. why don't you initiate criminal action against the borrower....

Arul Kumar (Expert) 30 October 2009
Since the matter is subjudice, the action of borrower amounts to criminal tresspass.

Raj Kumar Makkad (Expert) 31 October 2009
The borrower has committed a criminal offense by illegally re-possesing the property which is legally under the possession of the bank. Hence he is liable for criminal action. Initiate all that though the matter is sub-judice but this doesn't give him any authority to indulge in illegal activities.

Sachin Bhatia (Expert) 31 October 2009
The act of the borrower amounts to criminal tresspass.Hence he is liable for criminal action.

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