Serfaesi

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
sir
i have loan from sbi in 2005, branch manager transferred rs 2 lakh from my a/c to any ohter party a/c without my cheqes etc and without my reqest for overdrawing ,at that time my a/c was within limit but after it it bacame npa .fir in this case has been registered by me in 2010 .but after fir bank started serfaesi proceeding againt me after 13(4) notice i aproached drt and drt has awarded conditional stay to me but they are asking to deposit 25% in 15 days 25% in 30 days and balance in 6 installment.As there is a dispute over loan amount can i apeal in high court in this matter as drt is favouring bank in this matter
please guide as i have to deposit 25% in 2 weeks
thanks

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DEFENSE ADVOCATE.-firmaction@g (Expert) 16 December 2011
you have to go to DART before HC.

ajay sethi (Expert) 16 December 2011
you cannot go to high court . you have appellate reemdy . you have to approach DRAT .

Querist : Anonymous (Querist) 16 December 2011
but drat will ask for 50% money first and will then only take note of my case and i am not in position of making 50# payment

Advocate. Arunagiri (Expert) 16 December 2011
What is your loan amount?

Whether you have mortgaged any property?

What is the amount to be deposited in DRT?

Raj Kumar Makkad (Expert) 17 December 2011
The act and conduct of bank officials is against natural justice and an abuse of power so jurisdiction of civil court is not barred in such matters to agitate therein. You approach civil court for getting appropriate remedy.

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