Drt jurisdiction u/s 19 to file oa
surendra prakash agrawal
(Querist) 18 May 2016
This query is : Resolved
There is a difference between the jurisdiction to file Original Application it) u/s 19 by lending Bank which shall be DRT Lucknow only but if borrower/Guarantor`s property mortgaged to Bank is situated in Chandigarh than SARFAESI & Stay Application U/S 17 will be filed at Chandigarh.
As per latest news new DRT at Dehradun is in process which will divide the jurisdiction of DRT Lucknow for transferring some districts of western U.P.also in DRT Dehradun. Govt notification is waited.
surendra prakash agrawal
(Querist) 18 May 2016
There is a lacuna u/s 14 of SARFAESI act when proceedings to render police protection and to deliver the physical possession of Borrower/Guarantor`s property claimed as mortgaged are recorded.
Here exists a serious lacuna that District Magistrate does not summon to Opposite Parties/Defendants before passing his Final verdict/Order. Day in and day out it is observed that Bank`s have less knowledge to calculate exact date of NPA, 3 months before Outstanding where either instalment or interest or invoked LG or Bill purchased has returned inclusive of interest upto..
As per natural justice defendants must be heard by DM etc to record the objections.
Mob:07830776602
Rajendra K Goyal
(Expert) 19 May 2016
Thanks for pointing this important aspect.
T. Kalaiselvan, Advocate
(Expert) 22 May 2016
Dear author, what is that you want to tell here in this forum by furnishing the message.
If a query has been asked on the subject you may give a reply accordingly whereas you are venting out your feelings without anyone asking for it(?)
