Deviation/violation of Rule 9(3) of Security interest enforcement rule 2002
5 years ago
In e-auction bank had deviated/violated the Rule 9(3) of security interest enforcement rules 2002. I hv no connection with auction property. But after collecting information under RTI, fault in e-auction by bank was noticed. I hv beeb advised to challenge this high court. Being public common cause what wil b fee for filing case in high court of delhi
Anurag Bhatt
Responded 5 years ago
Regards
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990
Deepak Yashwantrao Bade
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
Sk Soni
Replied 5 years ago
Rule 9(3) of Security interest enforcement rules 2002 states that 25% of bid inclusive of EMD if any shall be deposited on the same day or by Next working day. In instant case eauction was conducted by IOB on 15/5/18. EMD of 10% was paid on 14/5/18 but rest 15% to make 25% was deposited/collected by bank on 17/5/18 after two days in contravention of Statute. Rule 9(3) also state that on failure to deposit 25% within prescribed timelimit auction shall be held again. Here bank had acted as property dealer and went ahead in eauction after violating the Rule 9(3).
Hope now u understand the issue clearly.
ROBERT D ROZARIO
Responded 5 years ago
Anurag Bhatt
Responded 5 years ago
Regards
Advocate Anurag Bhatt
Allahabad High Court
You can even claim compensation and even approach Banking Ombudsman.
There are two points to be noted.
1. The fees to the paid in the form of stamp duty/or cash deposit is nominal.
2.The fees charged by the Advocate varies from person to person depending upon the expertise,image,integrity,PR , and so many things.There is no standard fees structure like a product( e.g. Shes from Bata).
Better to ask 2.3 Advocates so that you know the average .Alternatively get in touch with Vidhikarya.com who will do the job for you through their panel of Advocates if you so desire.
Shanti Ranjan Behera,
Advocate
Rameshwar Dadhe
Responded 5 years ago
Sk Soni
Replied 5 years ago
Can u provide ur mobile no for further clarity
Rameshwar Dadhe
Replied 5 years ago
9673106346
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