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Kaushal Arora (Proprietor)     04 April 2012

What a joke is sarfaesi act

Dear

All Experts

I kaushal arora purchased a land from Indian Overseas Bank  under sarfaesi Act & later on sale Deed, & Registration formality with registrar is completed. I had also covered the land by Boundary wall & locked it with my possession. But at the time of name transfer formality, at tehsildar court, the borrower objected that ….1-stamp duty is charged only on the sale value & it should be charged on the govt ceiling value (Market value). 2. As the land is diverted land, permission from collector is not taken. Both the objection were overruled by the tehsildar as these were under the scope of sarfesei act. Finally Name was transferred as per procedure.

Now the borrower again appealed in the court of Sub Divisional Magistrate & SDM granted stay, saying not to utilize the property & to maintain the status of land as it is,till the decision is in process under this court .

Now this proceeding may take 6-12 months time. As the borrowers intention is to harass me & he also knows that he is complaining baseless. If his appeal shall be rejected in this court, he shall again appeal in Additional collector office, then revenue court, then Civil Court, & so on…..!

My question is this that what is the end point? I purchased this property at the age of 53 to construct my house, & if such kind of harassment from law & the borrower both, continues, then when I shall be able to make my house?

Although it is clearly mentioned, in Saerfaesi act S.No. 34 that no civil court has jurisdiction to entertain any suit or proceeding in respect of DRT matters & no injunction shall be granted but One more problem is here with me, is that at our town no Judge knows about the Saerfaesi act, & when our lawyer shows them the ruling, he takes a lot of time to study it.

I request to all of you experts to please look in to the matter & please advise if there any rule or court can relieve me. Can I get relief in this matter of intentional harassment & appeal in any court against STAY, which is being frequently imposed by all the courts? Or any other solution of my problem ?

Please advise.



Learning

 5 Replies

Ajit Singh Cheema (practising Advocate)     05 April 2012

The best alternative is to move to DRT for getting your grievance removed.

Dr J C Vashista (Lawyer)     06 April 2012

After notice matters mean that the case is fixed for final arguments.

Move an application before DRT stating all the facts and get the stay vacated

c.p.s. ramachary (1500)     10 April 2012

Dear Mr.

The sale in your favour is forced sale and not normal sale. If the matter is related to payment of stamp duty or for whatsoever reason it is different aspect and and there should not be any obstruction by way of stay. The subject property is sold to you as per the provisions of SARFAESI Act.  The Sub-Divisional Magistrate & SDM is not correct in ordering stay of use of the land. Do not approach DRT for this purpose as nothing can be

You may file a writ of 'Certiorarified Mandamus' in High Court to quash the proceedings seeking interim suspension of the said  stay order.  

  

c.p.s. ramachary (1500)     10 April 2012

Dear Mr.Arora,

The sale in your favour is forced sale and not normal sale. If the matter is related to payment of stamp duty or for whatsoever reason it is different aspect and and there should not be any obstruction by way of stay. The subject property is sold to you as per the provisions of SARFAESI Act. The Sub-Divisional Magistrate & SDM is not correct in ordering stay of use of the land. Do not approach DRT for this purpose as no relief can be obtained

You may file a writ of 'Certiorarified Mandamus' in High Court to quash the proceedings seeking interim suspension of the said stay order.

 


 

Kaushal Arora (Proprietor)     12 April 2012

dear mr. ramachari

Thanks for your advise,I shall contact suitable advocate for high court. Can you advise any ADVOCATE  at bilaspur C.G. 


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