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How to stop banker from selling the property?


01-Jul-2023 (In Recovery Law)

AS per the DRT order paid full amount demanded by bank, inspite of that banker sold & registered property to the bidder, dispute rised by loan barrower " first sale price is 34 L once objected it is revised to 64L" how to stop banker & action buyer to advance activity on site. i like to file case in Civil court to get some order, instead of approaching DRT DRAT... and High courts, Any one please?

Answers (1)

Answer #1
63 votes

The relevant orders of the DRT will have to be studied but prima facie on the basis of what you have stated the action of the bank is patently illegal and in violation of the DRT order as well as PNJ.

A civil court may be approached for appropriate reliefs including for damages but a careful scrutiny of all documents is required before a conclusive opinion is arrived at in that regard. To stop the property from being proceeded against the appropriate forum will have to be approached which can be determined only after perusing the orders infringed/violated.

The High court is also a civil court having original jurisdiction and as to before which civil court the present case can be filed will have to be decided in relation to the value of the subject matter

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