Legal Advice

Can I file a civil suit against the bank for instituting false proceedings before the DRT?

Query

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.

Advice

You cannot file a civil suit for challenging the proceeding instituted under the special law or Act. SARFAESI Act is a special Act and it has special jurisdiction to try a class of cases. When the statutory rights have been given to the bank to proceed against the defaulter to recover the NPA, the civil court cannot take cognisance in the suit filed under section 151 cpc.

The secured creditor has the right to approach the DRT for taking possession of the secured assets under the SARFAESI Act. In this situation you should withdraw your suit and file a securitisation application or file a counter affidavit in the Original Application filed by the bank.

When you have an alternative remedy to appear in the original application filed by the bank, there is no need to initiate another proceeding which is nowhere connected with the special law. 

Shivendra Pratap Singh

Advocate

High Court Lucknow

SARFAESI

Ask Your Question

Latest Advice

Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

Tenant has made substantial changes in premises without permission of landlord

,

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

NOC from government for taking admission in foreign university

I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.