Recovery suit

Querist : Anonymous (Querist) 10 January 2012 This query is : Resolved
which court have the jurisdiction to try the recovery suit filed by the bank against a home load after the auction of the mortgaged property? please advise me.

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ajay sethi (Expert) 10 January 2012
DRT . if amount invloved is more than 10 lakhs

Querist : Anonymous (Querist) 10 January 2012
thanx sir, but where if the amount is less than 4 lakhs?

V R SHROFF (Expert) 10 January 2012
civil ct SD of local area.

Devajyoti Barman (Expert) 10 January 2012
Civil court of original jurisdiction over the territory of the suit property.

Sankaranarayanan (Expert) 10 January 2012
Both experts given answer for ur query and no room for me to answer

Advocate M.Bhadra (Expert) 10 January 2012
If the House Loan was sanctioned by the Bank and created mortgage under SARFESAI Act 2002 then the Debts Recovery Tribunal is the proper jurisdiction.According to sec.34 of the SARFESAI Act Civil Court have no jurisdiction. Earlier Act( up to Rs.10 lakhs) was covered under Civil jurisdiction as per provision of Recovery of Due to Bank and Financial Institution Act,1993

Querist : Anonymous (Querist) 10 January 2012
thanx to all

Raj Kumar Makkad (Expert) 11 January 2012
I have also similar opinion as of both the experts.

Deepak Nair (Expert) 11 January 2012
Rioghtly advised by the experts.

prabhakar singh (Expert) 11 January 2012
I have no other opinion than those of the experts.

Devajyoti Barman (Expert) 12 January 2012
But the experts have given conflicting opinions.

Querist : Anonymous (Querist) 12 March 2012
still not clear

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