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Bontala Deemar   12 December 2019

can we take physical possession with any of the SdM Order given by Sarfaesi Act 2002 ,DRT Order

There is no issue from Sarfaesi Act 2002,it is ok but the Case is filed by borrower also disposed but the case filed by Bank side is still there is no clearance....hearing going on....but ADM saying that they need status of the DRT Case..... to give DM order


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KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     14 December 2019

Proceeding under SARFAESI and filing OA before DRT can be initiated simultaneously. No pre-condition to CMM/DM for issuing order for physical possession, ascertaining the OA proceedings. However, If CMM/DM requires the particulars about OA, it may be given.

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