drt/securitisation acts

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
In a case where the bank decree by DRT has been quashed/set-aside by higher forum,the bank has proceeded under securitisation act.Now when the dues of the bank are yet to be adjudicated,how can the bank move in another act showing illegal dues?Bank says they can move as per supreme court order in some case.I feel the apex court could not have passed a law for banks to achieve something indirectly when the bank has failed to do something directly on the face of law.
Can this be explained?

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bhagwat patil (Expert) 09 May 2010
It is a wrong n bank"s part. it will be comptent of court.

Querist : Anonymous (Querist) 09 May 2010
Unfortunately the DRAT while setting aside the decree of DRT in favour of the bank,has remarked that the bank could proceed under securitisation act and the borrower is free to defend as per law.How can both be possible when the dues are yet to be ascertained?

Raj Kumar Makkad (Expert) 09 May 2010
DRAT has not violated anything while commenting the aforementioned words. It means bank can take recourse of Securitisation Act whereas the customer would got right to defend himself on all grounds including that no true ascertainment has still been made by bank.