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RAIHAN UL HAQUE (PROPRIETOR)     11 April 2011

Sarfaesi Act

DEAR EXPERT,

 

WE SEEK ADVICE FROM THE EXPERT THAT WE HAVE TAKEN LOAN ONE OF BUSINESS LOAN,CASH CREDIT AND ONE HOUSING LOAN EACH OF10-00000,500000,& 500000 RESPECYTIVELY MORTGAING 2/3 EJMALI UNDIVIDED PROPERTY, 1/3 IS FOR A MINOR WHICH IS FREE FROM ENCUMBRANCE. HOWEVER BANK HAS SANCTIONED ANOTHER LOAN ON DEC 2006 OF4000000. BUT IN AN UNKNOWN REASON THEY HAVE NOT DISBURSED THE SAME AND WE HAVE PURCHASED 7 TRACTORS GETTING THE O/D FROM THE BANK. THEN I MADE COMPLAINTS TO DIFFERENT AUTHORITIES FOR THE BANKS BEHEVIOR WHICH CAUSED SERIOUS Damages to us.then with the response of basnk authorities we given two otsd proposal.BUT SUDDENLY THE BANK HAS ISSUED 13((2) NOTICE ON NOVEM 2010.THE MINOR SON FILED A SUIT FOR PARTION CASE TO THE DISTRICT JUDGE COURT. BUT THE JUDGE DISMISS THE CASE AS BECAUSE IT THE BAR OF THE LAW. TODAY I POSTED OBJECTION TO THE BANK. THEN MY QUESTION

1 WHETHER BANK CAN GET PHYSICASL POSSESSION OF THE PROPERTY,IF YES,THEN HOW THEY WILL DEMARGE THE MINOR PORTION.2.AND WHERE DO I GO ,DRT.HIGH COURT,



Learning

 13 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST)     12 April 2011

It is advisable to consult a lawyer well versed in banking and DRT matters.

RAIHAN UL HAQUE (PROPRIETOR)     12 April 2011

BUT SIR IT IS MOST HARD WORK TO GET A PROPER ADVOCATE IN KOLKATA .LAST WEEK I HAVE GONE TO FIND THE ADVOCATE, BUT I AM FAILURE TO GET. PLEASE INFORM A LAWYER IN KOLKATA WHO WILL DO PROPERLY THE WORK FIRST NOT MONEY MONGER AT ALL

vipin (hr)     12 April 2011

The provisions of the Act and the object appears to be clear, even after many judgments of Constitutional Courts from time to time, there still exist complications. The issue is about the availability of speedy and efficacious redressel to the borrower and the rights of the Bank to recover the loan amount under SARFAESI Act,



Shyam Ji Srivastava (Practising Lawyer)     12 April 2011

Dear Raihan ulhaq

Can u post your problem on my email. However you can move move DRT

under section 17 of SARFAECIAcT.

I M in Kanpur but will try to give you best opinion.

RAIHAN UL HAQUE (PROPRIETOR)     12 April 2011

thank yopu sir, your mail id please. my id raihanul.haque@gmail.com mob 9475501605

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 April 2011

YOU CAN ALSO MAIL FOR CLAEIFICATION

vipin (hr)     14 April 2011

Good news for persons facing action by lenders under Sarfaesi act. The Bombay High court has observed that the property can not be taken over by force or even after taking police help.

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Agro & Farming

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 April 2011

Pl post this bomaby HC citation or given its no and date.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 April 2011

for mr haque pl go to revision to HC.

RAIHAN UL HAQUE (PROPRIETOR)     14 April 2011

BUT ABOUT A LAWYEAR OF HIGH COURT AT KOLKATA

Shyam Ji Srivastava (Practising Lawyer)     18 April 2011

My mail ID is respond2shyamji   msn,com/yahoo.com

RAIHAN UL HAQUE (PROPRIETOR)     18 April 2011

SIR PLEASE CORRECT YOUR MAIL ID

RAIHAN UL HAQUE (PROPRIETOR)     18 April 2011

DEAR SIR I ALREADY SEND OBJECTION TO THE BANK. BUT STILL TODAY BANK HAS NO REPLIED.

ONE THING SIR, PLEASE INFORM IN WHICH SECTION OF LAW I CAN GET THE COPY OF BANK DOCUMENTS SIGNED BY ME. MAY I GET EXTRACT OF MORTGAGED REGISTER.
 


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