Kolkata advocate (Advocate) 24 April 2019

Sarfaesi and money suit or rdb simultaneously?? Is that OK?

Can Sarfaesi and RDB act proceed simultaneously for a secured mortgage loan under ten lakhs?

8 Replies

G.L.N. Prasad (Retired employee.) 24 April 2019

Recovery from default account is the focus, the procedure for such recovery is left to the discretion of Bank and it's able team of Counsels.

Kolkata advocate (Advocate) 24 April 2019

OK..does fraud vitiate everything?

Kolkata advocate (Advocate) 24 April 2019

R u a bank lawyer? I mean I want genuine legal input...what if the borrower files rejection petition under CPC ?

G.L.N. Prasad (Retired employee.) 24 April 2019

Fraud vitiates everything and the matter is no more resintegra, kindly google and find out all citations on fraud.

Confine to one issue in one post. The main issue posted by you was: Can Sarfaesi and RDB act proceed simultaneously for a secured mortgage loan under ten lakhs?

Then it has gone to issue of fraud, and finally, it stopped at .what if the borrower files rejection petition under CPC ?

Let the court decide on such borrower's rejection petition if he has filed it with clean hands and unless the entire facts/law is studied as stated in the petition, one can not get a full picture of the issue and maintainability of the petition.