DRT or High court preferably DRT or High court preferably

8 months ago

Bank Auctioned Secured property of Open Plot behind knowledge of Borrower to whom bank kept him in the dark since account come in NPA. Suddenly one day morning he got know that property 7/12 has changed with someone else. He further Came to know banking fraud that bank has falsely sent notice on wrong address (where open plot property under mortgage located but willfully wrong pincode written by bank and care has taken that notice of 13 (2) & 13(4 ) must not be served) obviously which were returned to bank with marking 'Insufficient address,' and none of the notice sent to borrowers permanant residential address where borrower used to lives and bank has adress with their record. Even come to know that paper news has given far other districts where no circulation in local area. Further come to know that no application has filed at DM for physical possession otherwise notice from DM Tehsildar has been received. Everything fraud has been happened without letting knowledge to the borrower, without taking Physical possession.
Almost 47% loan repaid of 30 Lakh loan. Last payment of 11.00 lack done in principal seeking to lower the EMI when no pending EMI at all. EMI was 26000 without unpaid.
Now property owner has changed. Where to go DRT or High court. Is high court dispose because saying you have alternate remedy in DRT? On what ground to go in high court and not in DRT?

Anik

Responded 8 months ago

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A.Dear client,
The Bombay High Court recently held that once a secured creditor issues demand notice under section 13(2) of the SARFAESI Act, 2002, the civil court's jurisdiction is barred, and any challenge to the notice comes under the domain of the Debts Recovery Tribunal (DRT).
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