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Nikhil (Owner)     25 March 2014

Section 14 physical possession Delay

Friends, 

             We have filed section 14 application to DM since 15 days. But Government officials especially clerks and Mamlatadar  are not keen in giving hearing date soon. Their egos and pride are higher than monarchs.Standard replies are like

1) Saaheb ke paas hain file , aayegi tab bata skte hain, (File is with the boss, when it comes back we can tell you)

2) We will call you.

3) Election time.

4) Your file Lies behind many other files filed before you. And DM is giving dates for everybody in Month of MAY :D

What are options for us to get a prompt and speedy reply ?. How much time will it take to wind this process ? We do have an option of meeting DM and request him to look in to this and hasten up if possible.Sale certificate has already been issued and purchaser has not got possession so he is also quite worried about the process.

Regards

-Nikhil



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2014

Dear Nikhil

you are from Secure Creditor, it will be better to contact a lawyer personally, you can easily bear the consultation fee.

Nikhil (Owner)     25 March 2014

 

Originally posted by : Nadeem Qureshi 9953809956

Dear Nikhil

you are from Secure Creditor, it will be better to contact a lawyer personally, you can easily bear the consultation fee.

 

Only a lawyer will file section 14 application and  secured creditor has already filed the application before DM via its own lawyer.

No ! Am not from the secured creditor. Instead if you insist, I will mention that purchaser told me about her purchase scenario and am only trying to help her get over the process to the extent I can.She is bearing the fees for the lawyer of the bank and its not the question of fees.  

In fact,Its because of the people here and their help, I could talk the unwilling bank to file section 14 application.

-Nikhil  

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2014

Dear Nikhil

you are from purchaser side, so why bank is not take step or co-ordinate with the proceedings, it is election time so may be DM is not able to entertain this application.

1 Like

c.p.s. ramachary (1500)     25 March 2014

Mr Nikhil,

Your query lacks clarity. What is your position here in this case is not at all clear. Below your photograph it is mentioned as 'owner'. Please be clear about your position in the action and avoid confusion.

It is settled law that, if the Magistrate or his subordinates do not take expeditious steps for rendering assistance 'writ petition' can be filed in High Court against the Magistrate for a direction to the Magistrate.

It is the responsibility of the secured creditor. If you want to help, the purchaser you may request the secured creditor in writing to withdraw the Sec.14 application giving him your irrevocable consent to the secured creditor to allow him to handover the physical possession to the purchaser. 

 

 

c.p.s. ramachary (1500)     25 March 2014

Mr Nikhil,

Your query lacks clarity. What is your position here in this case is not at all clear. Below your photograph it is mentioned as 'owner'. Please be clear about your position and avoid confusion.

It is settled law that, if the Magistrate or his subordinates do not take expeditious steps for rendering assistance 'writ petition' can be filed in High Court for a direction to the Magistrate

c.p.s. ramachary (1500)     25 March 2014

Mr Nikhil,

Your query lacks clarity. What is your position here in this case is not at all clear. Below your photograph it is mentioned as 'owner'. Please be clear about your position in the action and avoid confusion.

It is settled law that, if the Magistrate or his subordinates do not take expeditious steps for rendering assistance 'writ petition' can be filed in High Court against the Magistrate for a direction to the Magistrate.

It is the responsibility of the secured creditor. If you want to help, the purchaser you may request the secured creditor in writing to withdraw the Sec.14 application giving him your irrevocable consent to the secured creditor to allow him to handover the physical possession to the purchaser. 

c.p.s. ramachary (1500)     25 March 2014

Mr Nikhil,

Your query lacks clarity.  Please be clear about your position in the action and avoid confusion.

It is settled law that, if the Magistrate or his subordinates do not take expeditious steps for rendering assistance 'writ petition' can be filed in High Court against the Magistrate for a direction to the Magistrate.

It is the responsibility of the secured creditor. If you want to help, the purchaser you may request the secured creditor in writing to withdraw the Sec.14 application giving him your irrevocable consent to the secured creditor to allow him to handover the physical possession to the purchaser. 

 

 

1 Like

Nikhil (Owner)     29 March 2014

Sir Thanks for the prompt reply.

Am self employed person hence the owner under the profile. The purchaser is one of my family members but she cannot read and write, and this is where I come in and am obliged to keep her informed and let her decide. 

I am not a lawyer.I am really unaware about settled practises and am neither being guided by the banks lawyer about the process and next action ,hence the lack of clarity. Instead its seems its up to me to tell the lawyer next course of action which definitely should not have been the case. I apologise for the inconvenience.

I have also discussed with another local high court lawyer regarding this. I hope things will get settled. 

Thanks for the help.

-Nikhil


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