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sreedhar (advocate)     26 December 2008

SARFAESI APPEAL ready to settle, how to drag the case for some time

Dear all,

I have filed a Securitisation appeal before DRT. I obtained a stay on a condition to deposit 25% and the same has been complied with two months back. The bank people has filed vakalat and counter at the first appearance itself and the bank is ready for the arguments also. The bank people is having a purchaser who is none other than a staff in the bank. So they are very much concerned with selling the property. But I am ready to settle the money but I need some time to arrangee for the funds. They are opposing very much in getting adjourment. Please suggest with your valuable ideas to take this case for some time.

In the mean time I will mobilize the funds and I will pay.Bank people are trying to cheat me.I need my property. So Please suggest me some ideas to prolong the case.

 

Thanks ,

 

Sreedhar.R



Learning

 5 Replies

PALNITKAR V.V. (Lawyer)     26 December 2008

you can show bonafides and make request to court for time to pay the dues

Kiran Kumar (Lawyer)     26 December 2008

well generally DRTs would often convene Lok Adalats for the settlements and compromises....get ur case listed for the purpose there u can renegotiate ur liabilites.


or make an application for some more payment at this stage and seek adjournment.


if u really wish to pay then DRT will certainly help u....make the fact clear before the DRT that bank is trying to overpower u to help their own employee.

raja (business)     27 December 2008

you can drag the case..... file appeal in drt, bank must have caused you some damage like not disbursed loan when you needed them, charged more intrest etc. dont worry. you file damage suit. you ask for detailed accounts. banks make lot of mistakes in accounts.

Ravi Arora (Advocate)     28 December 2008

mr.kiran is right

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

U can mention the clear facts before the Hon'ble DRT that u r ready for the payment but u need some time. M sure u would get adjournment. Moreover, the opinion of Mr. Kiran Kumar is also valuable & considerable.


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