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rajeev (land developers)     15 July 2009

sarfaesi act if matter is under civil suite

we had asked for reschedulement of our agriculture finance loan as we were severely affected by prevailing global crisis since last six months.for first four months they did not consider our request after that they straight way rejected our proposal. Then also we gave another request and we filed a civil suite in the local court. The court has already served notice to the bank. The banks lawyer has already submitted his v.p. After three dates in the court they have not filed any reply. But the manager of the bank came to issue the SARFAESI NOTICE which we have not accepted.    Can the bank give the sarfaesi notice after the matter is subjudicial.? If the bank issues notice by force can can local court intervene?



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Kiran Kumar (Lawyer)     15 July 2009

yes the bank can take this action.

 

for this action of bank u can file petition before the DRT only.

 

Read S. 13 (1) of the SARFAESI Act,

it would clearly say:-

Nothwithstanding anything contained in section 69 or section 69-A of the Transfer of Property ACt, 1882 any securtiy interest created in favour of any secured creditor may be enforced, without the interventiion of the court or tribunal, by such creditor in accordance with the provisions of this Act.

 

better for u is to take the matter to DRT, consult some local lawyer in this context.

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