emveeemvee (bussiness) 20 September 2009

sarferasi

Is there any chance to have stay order from high court against possesion notice given by the Bank with cmj court order for eviction with police protection ?

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4 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST) 20 September 2009

I think under SARFESAI, only DRT of the state has jurisdiction to hear the case against the bank.

Mr_chamku (HR) 20 September 2009

Local Courts are not allowed to take & give decision for bank's SARFESAI Act

High court Is power to give stay notice & he is big boss of DRT & can Kick DRT.

Both HC & DRT Can give stay orders.

Try DRT First because it give decisions fast as compared to HC.

If Possible try To hier DRT Adovcate (Means who already taken case for DRT & won) Newbie Advocate may ruin Your case.

Like doctors Advocates are also specialiest in Criminal,civil,DRT ,consumer forum etc.

So stay away from MBBS Advocates ( I dont Wann Hurt Any Lawyers Here , Sorry if any one Hurts here , Just sharing my experinces)

N.Ramakrishnan (Advocate/ Senior Partner) 20 September 2009

Dear Sir,

The High Court has no jurisdiction to entertain a petition challenging the 13(4) proceedings under the SARFAESI act. You have no other alternative but to approach the DRT.

Thanks,

Ramakrishnan, ADV