Can I file a civil suit against the bank for instituting false proceedings before the DRT? The bank of India has instituted false and frivolous proceedings against me in the DRT. The notice which was issued against me was never served on my address. My advocate has advised me to file a civil suit under section 151 of cpc and challenge the veracity of the proceeding. Proceeding without giving an opportunity to the opposite party is bad therefore I can file a civil suit and challenge the proceeding initiated by the bank.
SARFAESI
Advocate commissioner can be appointed under the SARFAESI Act
No idea about the SARFAESI. It’s common to appoint advocate commissioner for taking possession of the property. Please suggest.
Bank has sold land of scheduled caste without the permission of collector
The bank has sold the agricultural land of scheduled caste without earlier written permission of the collector. The official permission of the collector is required for the selling of land belongs to scheduled caste.
I belong to the scheduled caste, and the bank sold my land in public auction to a person other than scheduled caste. I secured a loan from the bank by mortgaging my agriculture land. However, I regularly paid the instalments but due to some financial crisis, it has been unpaid.
The bank released a notice for repayment of the whole outstanding amount, but I was not in a position to pay the same. Consequently, the bank initiated the action under the SARFAESI Act. Ultimately, the bank sold my land to a person not belonging to schedule caste.
The purchases took possession over the land and got a mutation in his favour. I want to challenge the whole proceeding because written permission of the collector is mandatory for selling of SC’s land. Please suggest.
SARFAESI Act: quashing of demand notice
The bank has violated the procedure made under the SARFAESI act and proceeded for property auction. In possession notice, date of demand notice was incorrect. Moreover, under 13 (3–A) bank has not responded for the representation given on the demand notice. How to quash or stop the notice of sale and possession notice?
Bank initiating process of auction
Sir, my son has taken a loan from Bank of Baroda and he failed to repayment so the bank is now initiating proceeding against me for recovery of the loan. I was the guarantor of the loan. I am 65 years old and this is my one and only house. Bank filed a case before DRT. Now recovery officer came to my home and said that your house shall be auctioned in next month.
I am very afraid and want to save my home. How can I liable for the repayment of loan because I was the only guarantor? Is there any provision to stop this auction process and settle the loan with the bank?