"A" taken a loan and become defaulter. Account become NPA. SARFAESI Action intiated and Notice under 13(2) issued. Borrower/Guarantor not paid the amount and refused to handover the Possession to the Bnak. bank approached District Megistrate and DM order to take possession through Police. Bank AO alongwith Police force reached to the Borrower's residence and asked them to handover the Possession. Borrower's Mother & Wife were presented there and they peacefully handed over the possession of the same to the Bank. Next day Borrower's Brother told the Bank that the possessed house was on his mother's name and Bank taken wrong possession. He asked a comensation of Rs. 20. Lacs from Bank Manager. On search it was revealed that he was right. Property of Borrower ( his brother) was nearby the Possessed house. Possessed Property was on his mother's name. Bank denied to pay the huge comensation but returned him Rs. 30000.00. Later his mother sued the Bank officer's under section 167, 452, 467 and 147 of IPC. What may be the relief ?
I found section 32 of SARFAESI Act that says- Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any secured creditor or any of his officers or manager exercising any of the rights of the secured creditor or borrower for anything done or o itted to be done in good faith under this Act.
Pls advise
