Serfaesi act

rakesh (Querist) 10 September 2014 This query is : Resolved
i have filled a SA before DRT Lucknow in Sep-2012 and subsequently notice issue to bank to respond in the matter. But bank not filled any WS in the matter. Now bank sold my property. What remedies available to me in this matter? Please advise.

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Advocate. Arunagiri (Expert) 10 September 2014
How you have filed the SA in DRT itself?

It should go to DRAT only.

I take it granted that you have filed the SA in DRAT.

When the Appeal is pending even if the property is sold out by the bank, the DRAT is having all such powers to restore the possession.

Rajendra K Goyal (Expert) 10 September 2014
Agree with the expert Advoccate Arunagiri.

Devajyoti Barman (Expert) 10 September 2014
Yes, wait for the outcome of the appeal.

ajay sethi (Expert) 11 September 2014
was any stay granted by DRT restraining sale of property?

rakesh (Querist) 11 September 2014
I have filled my SA u/s 17 of SARFAESI Act and bank did not fill any WS in this regard till date and matter is still pending before DRT, but there is no stay granted.

Devajyoti Barman (Expert) 11 September 2014
The ask the DRT to go for ex parte hearing.

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