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I have taken mortgage loan from cooperative bank, bank not disbursed s
28-Apr-2026 (In Arbitration Law)
I have taken mortgage loan from cooperative bank, to sanction amount bank taken entire property but Disbursed partially, even I paid intrest and EMI, before npa , but bank sealed my running factory and house valued ₹ 13/14 crore against demand of ₹ 2.6 crore, now case is in drt, pune , going on hearing,
If you are running a factory and you have made a company you can seek arbitration if your company has clause of arbitration and file for interim relief under section 9 of arbitration and conciliation act, if you have secured creditors file for section 7 application under bankruptcy code and if you are grinder for any other of your company file for section 95 and 94 to get the interim state on the sale of the property and get the moratorium and don't let them sell any of your property
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Adv. Moksh Jain
Mumbai | 100+ Answers
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If the matter is pending before Debt Recovery Tribunal, first step would be to get a stay on the property being auctioned and then file an application as a debtor informing that principle and interest have been paid. And whether the demand for 2.6 crores is legitimate would be determined through verification of all the documents
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Adv. Purva Kshatriya
Pune | 5+ Answers
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You must consider approaching the Hon’ble High Court despite pendency before the DRT on the ground that the Bank’s actions appear arbitrary and disproportionate, particularly where the loan was allegedly sanctioned against the entire secured asset but only partially disbursed, resulting in prejudice to the business operations, followed by coercive recovery proceedings against assets allegedly far exceeding the outstanding dues.
Further, if mandatory procedure under the SARFAESI Act has not been duly followed, or urgent protection against auction/dispossession is required, you may seek intervention of the Hon’ble High Court along with interim stay against further coercive action.
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Adv. Shriya Mehta
Mumbai | 5+ Answers
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In your DRT Pune case, strongly highlight these key points in the hearing:
Bank sanctioned full loan but disbursed only partially — this is a major breach. Demand full accounting of disbursed amount vs. sanctioned.
You have been regularly paying EMI + interest before NPA classification. Submit all payment proofs (bank statements, receipts).
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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