Priya (Not applicable) 03 September 2009

DRAT

There is an agricultural loan with a nationalized bank. The case was heard in DRT and judgment passed. The bank appealed against the judgment in DRAT. The party also filed counter appeal with appeal for condonation of delay. The party’s appeal has been given an I.N. number but so far no hearing has taken place. The matter has been adjourned more than thrice for hearing as there was no presiding officer for DRAT.

Meanwhile the DRT Recovery officer has sent Recovery Notice with 15 days deadline from date of receipt of notice. Kindly advise whether the Bank / Recovery Officer can proceed with recovery action when the matter is numbered and posted for hearing with DRAT.

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5 Replies

R.R. KRISHNAA (Legal Manager) 03 September 2009

You can send a reply letter stating that counter appeal is pending before DRAT and request that recovery proceedings be stayed till the disposal of the appeal.

As there is no presiding officer in the DRAT and if the recovery officer does not accept the reply letter you can approach the High court under CRP (Civil Revision Petiton) and seek stay of the notice of the recovery officer and a consequent direction to dispose of your appeal within a specified time frame.

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R.R. KRISHNAA (Legal Manager) 03 September 2009

I think agricultural land is exempted from attachment under the recovery laws.

Prakash Yedhula (Lawyer) 03 September 2009

You can approach the High Court either by filing a civil revision petition Article 227 or by a writ petition under Article 226 restraining the bank from proceeding further pending disposal of the appeal. A number of cases are beng filed in Madras High Court. However, interim orders are being passed on condition to deposit .

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Priya (Not applicable) 03 September 2009

Dear Sir,

Thank you very much for your valuable advice.