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Ajay (proprietor)     02 October 2010

looking for DRT experience advocate

we are looking to engage very good advocate having great experience in banking law,sarfesi act 2002 expert,who can protect borrower from bank misgivvings



Learning

 16 Replies

s.loganathan (managing partner)     02 October 2010

Mr. Ajay, Firstly I must congratulate you on your guts to take on the Mighty Bank on their 'mis-givings'. However, you must tell from where you are to locate an advocate, for convenience. Also, since you mentioned 'Banking law' it would be advantages to also contact a banking consultant for advice and knowledge. Good Luck.

Ajay (proprietor)     02 October 2010

aajay khemka wrote

Dear sir

We are from bangalore,inspite of our repeated request bank has forcibly make my account NPA and issue us 13(2) notice later possesion notice and publish in paper also.we took unconditional stay from DRt court but after 2 hearing court suo motto vacated stay.We move to DRAT Chennai to ask to continue stay till disposal of case in DRt Bangalore but we feel DRAT chennai is delaying and if bank takes possesion of my property than it will be a problem.So i hv two idea either file a caveat in magistrate court so that when bank move we got information and fight with bank other option if DRAT delay than move to Bangalore High court.We move to DRAT Chennai on monday to advacne date and make early hearing.

Hence we are loking some good advocate having banking law knowledge also.

Ajay (proprietor)     02 October 2010

aajay khemka wrote

Dear sir

We are from bangalore,inspite of our repeated request bank has forcibly make my account NPA and issue us 13(2) notice later possesion notice and publish in paper also.we took unconditional stay from DRt court but after 2 hearing court suo motto vacated stay.We move to DRAT Chennai to ask to continue stay till disposal of case in DRt Bangalore but we feel DRAT chennai is delaying and if bank takes possesion of my property than it will be a problem.So i hv two idea either file a caveat in magistrate court so that when bank move we got information and fight with bank other option if DRAT delay than move to Bangalore High court.We move to DRAT Chennai on monday to advacne date and make early hearing.

Hence we are loking some good advocate having banking law knowledge also.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     03 October 2010

Dear Querist,

 

Please contact Mr. Mathews J. Nedumpara, Advocate having offices at Mumbai.New Delhi/Chennai/Cochin who has great experience and knowledge in banking laws matters almost for of 20 years or more. His contact no. are (09820535428, 022-24036161).

 

Trust this would be fine.

 

Rabin  Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

New Delhi

Ajay (proprietor)     03 October 2010

i want to know when a account become NPA.i was enjoying working capital limit with bank and paying interest within stipulated norm.Bank ask us to reduce the limit and we also agree and made and agreement to reduce Rs.80000per month.All of sudden recesion start on 2008 september,i requested bank to defer my reduction in limit for 6month as i could not pay.But did not agree to my request.After 4 month they classified my account as NPA.Can bank do it for reducing limit,where as exisitng loan interest was giving within normal period.
further after classyfying our account NPA on 29th December they took interest also from us,they took instalment also in december,february,march also.under above circumstances can we challenge in court that our account is not NPA

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 October 2010

All  SURFAESI  ACT sufferes you must reply notice u/s 13 (2)  which the lender has to reply within seven days or notice is discharged.

Raise counter claim for damanges for various lapses of the lender.

s.loganathan (managing partner)     03 October 2010

If your writtings are to be taken on the face of it, the banks should have committed an error in classifying your account as NPA, since it would be contrary to the RBI Guidelines on NPA classification, through its Master Circular on 'Prudential Norms on Income Recognition and Asset Classification'.

SACHIN AGARWAL (ADVOCATE)     02 November 2010

You have not clarified whether you replied the Notice u/s 13(2) and the action taken by the Bank u/s 13(4) and also whether you filed any representation before your Banker u/s 13 (3-A).

 

You can file a representation before your Banker u/s 13 (3-A) disclosing various lapses of the Bank, which the Bank is liable to decide within 30 days otherwise you can seek remedy u/s 17(1) or from High Court.

Mridul (P)     22 April 2011

                                                   Very Very Urgent

Dear Sir,

 

I am a lawyer practicing in Madhya Pradesh I have a client who gave me this information and I need to solve his matter but I am little held I shall be highly obliged if you can give your expert advice  I got your email id from a website called lawyersclubofindia.com

 

“I recently purchased a Bungalow in Indore. The Seller showed me all the papers related to his title and informed me that there is a mortgage and he will clear the same before getting the Agreement to Sale registered. As we met him through very close contact we agreed. Later we signed an Agreement to Sale with him and his wife and got their signature and thumb impression on the same and gave a token amount of Rs.5 out of Rs. 8 bungalow.

 

Thereafter we came to know from a close friend that the Bungalow is under litigation with a Bank of India and the said Bank has filed a case with DRT and the they are given last opportunity to re-pay the money. On receipt of this information we contacted the Bank, the said Bank informed us yes there is a litigation. When we spoke to the seller now he is telling I don’t want to sale my property and will not be able to repay you the money. Now I want to teach this Cheater Man a lesson.

 

Please tell me can I file an Application in DRT thereby attaching copy of DD and cheque through which I paid him the token and the copy of Agreement to Sale duly signed by him and various minutes of the meeting and consent to sell letter given by him to me and can I deposit the balance amount in DRT and ask the court to transfer the said Bungalow in my favour.  Bank is ready to corporate with me.“

 

Sir kindly let me know few things:

1.       Can the seller sell the litigated property without NOC from the concern Bank, if does so what action can be taken against him.

2.       Do you have any case law which will pass the order in my clients favour in such situation

3.       Should I prepare a consent term and attach all these documents and file it in the DRT or should I make an Application annexing these doucments

4.       Bank is willing to coordinate with my client, so after I make this Application can Bank say that they have no problem if court transfer the said property in my clients favour.

5.       If bank can make such statement can court pass an order in my clients favour, if yes can you please cite some case laws which will be of help.

6.       Can I make a police complaint for cheating against this person.

 

Please advice as the matter is on board on saturday and we need to prepare application and exchange letter with banks and make a complaint to police station before that.

 

Thanking you

 

-Regards

Mridul Sharma

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 April 2011

There are no of options but all the papers has to be seen for giving the proper line of action.

RAJU O.F., (Advocate)     22 April 2011

I am settled in Chennai and handling banking matters in DRTs in southern region and also in DRAT, Chennai.  If you require any help, you are welcome. Adv. RAJU O.F.  Cell:09841039892

SACHIN AGARWAL (ADVOCATE)     24 April 2011

1.     In reply to your 1st qurry, the execution of Agreement to sell is not illegal. However, the fact of bank loan should be mnentioned in it.

 

1.     In reply to your 2nd qurry, your client may settle with the Bank and may get the sale certificate from the Bank after repaying the balance outstanding if it is less then the amount your Client is to pay to teh seller.

 

In In reply to your 3rd and 4th and 5th qurries, moving to DRT would not give much relief to your Clien. The Bank would never say yes to DRT without getting the amounts upto its entire satisfaction.

 

4.     In reply to your 6th qurry, your Client can make a police complaint for cheating against seller 

 

AAK (Advocate)     26 April 2011

Dear Mridul,

I dont think DRT will entertain your claim as you have no locus standi to approach DRT. The proper remedy would be to file a suit for specific performance against the seller. you can also file a complaint to the police but usualy in such cases the police will not interfere.

AAK (Advocate)     26 April 2011


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