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Cancellation of court case under Sarfaesi act when OTS is applied
22-Feb-2025 (In Property Law)
I have flat property at Satara in NPA. I was coordinating with Bank to sell the property as builder was obstructing possession and I did not get help from Police. Not knowing what it means by Sarfaesi act, bank filed criminal case against me and got DM order under this act. All this while I never got a notice. Only a day before I got a call from Police station. Parallelly I was negotiating with bank for OTS not knowing that bank has taken such measures. Now OTS money is paid and application is p
Well, not receiving notice will go in your favor, as not sending notice to attend Court Hearing falls under the direct violation of the Principles of Natural Justice. Thus, Criminal Case filed against you by the Bank can be quashed solely on this ground, as you did not get opportunity to defend yourself.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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