cgprasad (programmer) 04 April 2011

Notice against attachment order

Once an attachement order is passed and the formal attachment process is carried out by doing the panchnama, can the respondent approach the High court. And if the High court issues notice to the bank / credit society , then does that means that untill the hearing is over, the attachment process is stalled for time-being.

Also, can a bank / credit society attach the house / household items which does not belong to the borrower, but to the guarantor and the house / property is on a PAGADI /rent basis and not ownership. The gurantor has not submitted any such papers.

If the bank / credit society still carries on the attachment process , then what legal protection can be sought.

Thanks

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 04 April 2011

Till the order of attachment is not stayed by the High Court that attchment order will be in force.

You cannot attach the house hold items of the others.

cgprasad (programmer) 04 April 2011

Thanks for your prompt reply.

I'm the borrower and the my dad was teh gurantor. He has a house , which is on pagadi system ( rent basis). A hypothecation based loan was taken by me. At the time of sanctioning , I could not provide any documents, Just the rent receipts.

There were some discrepancies in the loan disbursement which i came to knwo afte 3 years of repaying the installment. Now the matter is subjudice. Meanwhile the credit society passed an order from the DDR - mumbai. I was not in a position to present my case, as it fell on deaf ears. The registrar was surely bribed. I out up a writr petition in teh Bombay HC. But in the meantime, they did the panchnama procedure of the house i stay. They did not do any panchnama of teh house , but only the household items. Now the HC has issued notice against the credit society and the registar too. While doing the panchnama they have given 15 days to pay the dues.

Should I still move for stay from the HC.

What else can i do to expose the credit society's mal-practises. How can sanction a loan on a pagadi house? They also say that the loan was disbursed in two parts. One part by account transfer and otehr part by a bearer cheque ( which i never got, and came to knwo about that when i lodged a complaint). Can i approach the consumer forum or the RBI?

Your advice wold be highly appreciated.

Thanks

Prasad