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Siva (Manager)     21 March 2014

Property sold in public auction by drt

Sir, 

I have a difficult problem with the property sold in public auction by DRT. 

Brief History of the property and recovery proceedings: 

The borrower was availed a term loan on 1993 by mortgaged the immovable property which was assigned during 1987 by Govt. on failure of the repayment bank issued notice u/s. 13(2) of sarfeasi act and initiated the sale proceedings on 2006 under the said act. The borrower filed a SA before DRT challenged the proceedings and obtained condition stay, also the bank filed OA before the DRT. and raised the following ground by the borrower (1) The property was assigned may not mortgage with our prior permission by the Government (2) The property being an agriculture land. Finally SA was dismissed on 2011 and the OA was proved and recovery certificate was issued infavour of bank on 2011. Again the borrower challenger the OA before DRAT and same was dismissed due to non-compliance of conditional order by DRAT on 2012. The DRT initiated the sale proceedings by attaching the property and publish the advt. and sale was concluded in favour of myself on 07/2012.  During the course of auction the borrower fraudulently obtained a stay to the Authourised Officer of the Bank not proceed sale proceedings from the Sub-court. But, originally the auction was initiated by the Recovery Officer, DRT. The borrower suppressed the entire facts, by using his influence in the local courts he obtained the stay to the bank (not to the DRT). The sub court also granted a interim stay to proceeding the auction sale. But the DRT conducted the auction and ask me pay the entire auction amount, but the sale was not confirmed infavour of me due to the stay. Further bank approached the Hon'ble High Court by filling Crl.O.P and got direction for the speedy disposal of OA before Sub Court. The sub court also vacated the interim injunction and the suit was ripped to trial. Latter the sub-court dismissed the suit for default.  The sale was confirmed infavour of me and executed as a document in the register office on 03/2013. 

Now, the borrower has filed a another suit against me before the Munsif Court as emergent petition by suppressing entire facts and obtained interim injunction on 09/2013. In that petition he stated that the property was assigned one by a Govt. to him before 25 years and doing some agriculture activities and myself being a influence person and trying to grab the property from him. The Munsif Court also granted an interim injunction not to disturb the peaceful possession.   so i filed a petition on 12/2013 under rule 7 (11) to reject the plaint before the Munsif court by stating the entire proceedings and facts, but the borrower has never filed a counter for a long time since December'2013 almost seven adjournments over. onbehalf of the borrower his counsel appearing every time before the court and filling the memo for the extension of  interim stay. Also the Munsif is allowing the proceedings of the borrower not even asking any questions and adjourning the case for every 15 days once.   

My advocate is advising that we may not force press for X party order, if we force the Munsif to pass X party decree means, then the borrower may file restore petition and it will be another lengthy process, so we have to wait until the counter to be filed by the borrower. 

Let me advice me how to proceed further in this case. 

Regards,

Siva



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     21 March 2014

It is better to follow one advocate at a time, as he is guiding you properly.

advocate mukunda (advocate)     21 March 2014

your advocate is correct.

mr. snehal (advocate)     21 March 2014

Your advocate is correct. You are rightful owner and possessor of property. Its only matter of time. U will get justice. Go by advice for your advocate.

Suneet Gupta (www.vashiadvocates.com)     22 March 2014

Your advocate is advising properly. However, if you want, you can escalate the issue and file a Writ Petition in the High Court for a Writ of Quo Warranto and Certiorari against the Munsif Court.

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