Illigal serfasi 13/2
praveen
(Querist) 03 May 2014
This query is : Resolved
sir i got sarfaesi 13/2 which is pure illegal and proofed by rti application's ans, so may i fire case for defamation against bank and its manger who intentionally serve sarfaesi 13/2 to me and my guarantor , and what is the procedure to fire case against bank for defamation
Dr J C Vashista
(Expert) 04 May 2014
Issue legal notice through your local lawyer/counsel.
Rajendra K Goyal
(Expert) 04 May 2014
You have not stated what are the illegality in the notice.
For filing a case, legal notice has to be served first.
If notice is illegal take stay on its implementation.
K.K.Ganguly
(Expert) 04 May 2014
1. Within 60 days from the date of the Demand Notice issued by the Bank under Section 13(2) of SARFAESI Act,2002, you should send your representation to the Bank u/s13(3-A) of the Act,
2. The Bank thereafter,within 15 days from the date of receiving your representation, shall have to reply the same,
3. If after that the Bank issued Possession Notice u/s13(4) of the Act, you should file an Application u/s17 of the Act before the DRT, citing your representation praying for relif,
4. Engage a lawyer having expertise in SARFAESI matters since it is a specialised subject.
praveen
(Querist) 04 May 2014
mr goyal and ganguly sir i am sorry to not maintain that i am complete all amt in bank ac, but mr bm of bank branch serve that 13/2 intensely so i ask to you for next step due to he is very harass me and my guarantor in those 60 days of 13/2 also i give a notice to bank for clear my position for npa but there is not any response and he say to his staff that------- dekhte he ye 60 days me kya karta he and iskee kisi later ka jawab hum kyo de
K.K.Ganguly
(Expert) 04 May 2014
1. If you do not give vital information in your query, then how can we advice you appropriately?
2. It seems unlikely that Bank has issued Demand Notice u/s13(2) of SARFAESI Act,2002 without any basis. If they have done so, then it is a serious mistake on the part of the Bank,
3. If you have paid the entire outstanding amount lying in your loan account to the Bank, have you closed the said account after collecting the copy of the Title Deed of your mortgaged property?
4. If no, then issue a letter to the Bank u/s13(3-A) of the Act, referring the said Demand Notice of the Bank, within 60 days from the date of the said Demand Notice & ask for withdrawal of the said Demand notice and return of the Title Deed of the mortgaged property within 15 days. Send a copy of the letter to the Chairman & Ombudsman of the Bank,
5. Your problem will be over.
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
You are properly advised by expert Mr. Ganguly, follow his advises for relief, before that please make sure that you furnish proper information while posting queries seeking clarification/opinion.
Dr J C Vashista
(Expert) 06 May 2014
Very well explained and advised by Mr. K K Ganguly, I agree and appreciate.
praveen
(Querist) 07 May 2014
every dear sir i am very thankfull to you for kindly advice, thanks very much and sir i will note in my mind next time for furnish proper information while posting any queries,,
