Procedure to take follow up of a case filed in DRT by NRI

Hello - I am an NRI. I have filed a case on joint property holder and the bank w.r.t forgery of my signatures on loan application. The bank official and the joint owner colluded to take a loan by forging my signature. I am back in the US after filing the case. How will I know when the DRT sends a notice so that I can get a stay order? Because I am in the US, how will the DRT communicate with me? Is there any web-site which publishes e-auction notices? Also if the DRT sends notice to my Indian address and if I don't get to see it because I am in the US and after 45 days the bank auctions the property, what are my options then? There is a forgery case in court against the bank as well. Pls advise..

Answers (5)

135 votes

You must file an affidavit in the court in which your case is going on with your US address so that any notice must reach you or authorise some person in India by giving him your power of attorney so that he can look into this matter on your behalf. This is best you can do.there is no such website for e auction notices. If auction proceedings started then you must have very limited options so you have to take a stay order from the high Court before it gets started on the ground of the forgery done by bank. The other option is a settlement between you and bank

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311 votes

first of all you need to consult or hire an advocate who can represent you in the court of law and take necessary steps to represent you and to handle the case in your absence it would be easy for you also and the document needed in court of law can also be signed by you without coming to India.

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285 votes

Dear Query Raiser,

Before going to DRT, Your bank must have issued notices under section 13 (2) and 13(4) at the registered address in their records and also on the property. Section 13 (2) empowers the Bank to serve a notice to the borrower for taking possession of the assets held as security for the money lent by it. The Bank/FI shall serve notice to the borrower to discharge his full liabilities within 60 days from the date of notice that should also detail out the legal consequences and penal provisions. Which can be objected by you in writing and Bank must reply to you before initiating any action under section 13 (4) of taking possession of secured asset including the right to transfer by way of lease, assignment or sale for realising the secured asset. This notice shall be served on the registered addresses of all the borrowers of the loan, including property.

Service of Demand and other Notices :

The service of demand notice shall be made by delivering or transmitting at the place where the borrower or his agent, empowered to accept the notice or documents on behalf of the borrower, actually and voluntarily resides or carries on business or personally works for gain, by registered post with acknowledgement due, addressed to the borrower (or his agent empowered to accept the service) or by speed post or by courier or by any other means of transmission of documents like fax message or electronic mail service etc.

So is the case with DRT which will issue all notices if Bank goes to DRT in case of any enforcement, as per the information provided by the bank in their application which shall surely be the place where such notices were sent and as per their records.

So it is important for you to update your correct correspondence address with the lending bank ASAP with correct email id and contact information so that all the notices can be sent to you, alternatively you can appoint your authorized agent / lawyer in India to deal with such matters and inform the bank formally. Pls note that servicing of notice at the registered address as per their records shall be sufficient if the same is received or refused unless new address is updated with the bank.

Now we need to know,

1] Has the bank already proceeded with the DRT
2] Has the bank issued any demand notice if yes, you may write to the bank with your objections and pendency of suit and other contentions.
3] You may approach high court of competent jurisdiction to get relief.
4] has the bank issued possession under section 13 (4) if yes, you can approach DRT of competent jurisdiction to get stay or relief under section 17 (1) of SARFAESI Act.

You may take further advise / action from / by any proficient lawyer to deal with the matter on your behalf.

With Regards
Advocate Naveen Kumar
Sr. Advocate and Managing Partner- NK & Partners Law Offices

178 votes

Case in DRT all of suddenly does not happen to come up. The bank from where loan was taken must have sent lot of notices to you as well as the co owner of the property. Secondly if you have have filed a case against the co owner and bank for forging your signatures against loan then you should have asked the court to issue stay order in this regard .Its only the high court which have power to issue stay order against DRT proceedings. You should immediately ask your lawyer to approach High court for stay in the DRT proceedings.
Lastly DRT will also issue you notice for explaining your stand on the issue. I think you should explain your stand immediately to DRT through registered post or through your council.

103 votes

First of all i think you should authorize someone (preferably) a lawyer to accept notice on your behalf. Nextly drt is nr a forum for adjudication of issues like fraud. Thus we can easily say that the issue of forgery is a triable issue which needs to be tried by a competent court and not a tribunal. There are other defences in the action too. However, if something happens behind your back and you are an aggrieved you can always file an appeal before DRAT.

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