Even after the DRT judgement payment not done to the bank
1 year ago
I had won the bidding property. But later the owner of the property filed a case in DRT and then reached out
to me requesting to withdraw the ownership of the property by not registering it, as it is their ancestral
property.He also showed me a DD (demand draft) that was ready for payment to the bank. On respecting their sentiment and emotion towards the property, I submitted an affidavit
to the DRT on 10th May 2022, stating "I would like to withdraw my ownership". I had received a minimum compensation from the owner himself. The case was resolved on 4th Aug 2022 stating that the bidding owner is ready to give up his possession to the actual owner(borrower) , the bank and the borrower have to discuss on the amount payable and resolve it. The judgment did not state any date or deadline for the payment. Since then the borrower has not made any attempt to pay the bank and neither is answering any of my calls or reverting to any messages. Therefore my question here is, as its already past 3 months since they never took any effort to make the payment, is it possible for me to return their compensation amount and register the property under my possession. Please help me to know what would be the further procedure to make them pay or for me to register the property.
You may file contempt case in the DRT since the other side playing with you under the garb of emotions towards the property.
Anonymous
Replied 1 year ago
Thank you so much Sir for your sugestions and understandings. I have another query relating to the same case. Can i send a notice stating them to pay within 15 days and if the party fails to pay can I go ahead and register the property under my name.
It seems that you been tricked here by the opposite parties as yo have already submitted an affidavit hence without vacating that affidavit you can not take any action of registering the property as that will amount to contempt of court.
You need to reach out to the DRT and get the affidavit vacated/recalled.
Anonymous
Replied 1 year ago
Thank you so much Sir for your sugestions and understandings. I have another query relating to the same case. Can i send a notice stating them to pay within 15 days and if the party fails to pay can I go ahead and register the property under my name.
You can file a petition for contempt of court against the borrower. According to Section 2(b) of the Contempt of Courts Act, civil contempt means willful disobedience by a person to any of the court's orders, judgment, decree, direction, writ or willful breach of an undertaking given by a person to the court. Please consult a lawyer near you to better understand how to proceed legally.
Thank you so much, I hope this answer helped you.
Anonymous
Replied 1 year ago
Thank you so much Sir for your sugestions and understandings. I have another query relating to the same case. Can i send a notice stating them to pay within 15 days and if the party fails to pay can I go ahead and register the property under my name.
You can file a petition for contempt of court against the borrower. According to Section 2(b) of the Contempt of Courts Act, civil contempt means willful disobedience by a person to any of the court's orders, judgment, decree, direction, writ or willful breach of an undertaking given by a person to the court. Please consult a lawyer near you to better understand how to proceed legally.
Thank you so much, I hope this answer helped you.
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