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DRT CASE u/s 17 of SARFASEI ACT

Querist : Anonymous (Querist) 03 March 2014 This query is : Resolved 
Sir. I hv query regarding DRT case hope u 'll help me. I m bank lawyer. Bank has given loan to borrower by mortgaging his property. All Documents are registered. Nw the original owner (first) has filed civil and criminal case against borrower claiming that by fraud and bogus PoA the said property is purchased. Bank is not a party to said cases. As borrower not paying installment bank issued notice u/s 13 of SARFESI ACT. Nw original owner approach DRT court and is claiming stay order for bank action and saying that bank has sanctioned loan without due diligence and in collusion wth borrower. He has never sold flat to borrower. The deed is ipso facto void ab intio. Pls guide wat stand bank should take. Bank is following due process of law. And all documents are registered so can't say that bank has without due diligence sanctioned the loan. Pls guide wth relevant case law
Devajyoti Barman (Expert) 03 March 2014
Anonymous queries are not replied here.
Vidhi Joshi (Expert) 03 March 2014
If the original owner states that his property was purchased by using bogus POA does he have any documents to prove his original ownership alongwith the same he must have registered his transaction with borrower.
Rajendra K Goyal (Expert) 03 March 2014
Anonymous query.
T. Kalaiselvan, Advocate (Expert) 03 March 2014
Anonymous query, I standby the experts option to such queries.
malipeddi jaggarao (Expert) 05 March 2014
I also stand by the other experts for not replying anonymous query. Reveal your identity and then post again.
Dr J C Vashista (Expert) 09 March 2014
Anonymous query


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