Auction

Dear Client,

If the Debt Recovery Tribunal (DRT) passed an order directing restoration of possession subject to deposit of a certain amount, and the borrower/trust complied with the condition within the stipulated time, then the finance company is generally expected to comply with the DRT’s direction unless there is any stay or modification granted by a higher court.

From your facts, it appears that the finance company challenged the DRT order before the High Court, but the application/petition was dismissed. In such circumstances, unless there is any further stay order from a higher forum, the DRT order ordinarily continues to remain operative and binding upon the parties.

If the authorised officer or advocate of the finance company is still threatening auction proceedings despite compliance with the DRT order, you may immediately bring this fact before the concerned DRT by filing an appropriate application for implementation/execution of the order and for restraining the lender from taking coercive steps, including auction of the property. You can also seek urgent interim protection from the Tribunal.

It is advisable to keep all payment receipts, bank transaction proof, certified copy of the DRT order, and the High Court dismissal order ready for producing before the Tribunal.
For further legal guidance contact an Advocate.