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J C Gerorge (Business)     06 August 2009

Retain Auctioned Property

We have taken 6 Lakh loan from a Bank  for a business purpose. Mortgage property is my mother's 90 cents property. According to our finanacial stingency affected to the repaymnet . The bank have published notice &  auctioned  the said property to my neighbour in connection with SARFESI Act . I already filed case to DRT before the auction date , then DRT is directed to remmitt Rs. 3 Lakhs immediately but we are not in a position for remmitting the same . The neighbour is gave full auctioned money ie Rs. 15 lakhs to Bank and documentised the title deed.  Bank sent a D/D for Rs. 5Lakhs to my mother ,the same D/D return to bank with Regd post by my mother.This time we are ready to give the full amount of loan & imterest   .  

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 2 Replies

Virender Negi (Lawyer)     06 August 2009

as per the SARFAESI act, the borrower is given 30 days time for repayment from the date of publication of auction notice. once the borrower fails to do so the auction is good and proper in law. in your case you have not payed the 3 lacs even after opportunity being granted to you by DRT. hence the sale made by bank is final and binding..

J C Gerorge (Business)     08 August 2009

Any chance to get reback on such specified allegations like auctioned in very low price,  


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