• How to stay e auction by medical ground

Sir, 
I have borrowed 5 lakhs cc loan now it is NPA with 22 lakhs so bank notice me with e auction of my property. Actually I was hospitalized from sep 2017 till date, I am also start repayment of loan from feb 2018 up to aug 12, 2018, I paid 1,55,000 now I have received e auction notice and bank sealed my business property. How can I apply stay application for e auction.
Asked 4 years ago in Property Law
Religion: Hindu

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28 Answers

Sir you have to file an application before the DRT under section 17 challenging the proceeding under the section 13 and 14 for the auction and the possession of the property, Further since there is no technical ground you are seeking relief on based on medical condition you can also file a writ in high court for stay of the auction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further it is better to settle with the bank and repay the bank under the provision of the 13(8) if the amount is paid before auction to bank the bank shall not proceed with the auction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

For medical ground it is appropriate to go before the HC as DRT shall entertain only the technical ground you can pray before court time to settle with bank and repay loans.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can obtain a stay order from civil court by filing a civil suit for permanent injuction , stating that you did not recieved any notice from bank and is willing to pay the bank loan

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

File application before DRT seek stay of the auction

2) mention that you have paid Rs 1.55 lakhs in last 6 months

3) was unable to pay earlier on account of hospital isation

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Contact local lawyer file application before DRT for stay of auction

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Enclose proof of payment of instalments made till date

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Well, since you have taken the loan you are bound to repay the same and f you can not the bank can auction and sell the property.

2. Now since the bank seems to have complied with the provision of section 13 of the SARFAESI selling of property becomes imminent.

3. So if you wish to save the property you can file an application before the DRT u/s 17 of the Act seeing injunction on sale on depsoit of money certain amount of money.

4. otherwise the bank can attach and sell it on auction . Your illness is no excuse.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes you may go ahead and challenge the auction application before the DRT, file a Securitization application.

Regard s

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get in touch with a local lawyer at the earliest, who handles cases at DRT

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file a suit under Section 37 of Specific Relief Act which provides that "temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and it may be granted at any stage of a suit.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. The Bank has initiated SARFAESI Proceeding against you for being defaulting borrower.

2. Before the rceiving the e-auction notice, you were supposed to have been issued with Demand Notice and Possesion Notice u/s13(2) & 13(4) of SARFAESI Act,2002 respectively.

3. On receipt of the 13(2) notice, you were to send your representation u/s13(3A) of the Act and the Bank was to give reply to the said represenation within two weeks therefrom.

4.If you have not received any of the above notices issued by the Bank, you should now file a SARFAESI Application (S.A.) before the local Debt Recovery Tribunal (DRT), praying for a stay order on the said e-auction on the that no such notices were sent to you as per the Act by the Bank.

5. You can also send a settlement proposal to the Bank.

6. In addition to the above, you shall have to find out the Bank's error/negligence in providing/disbursing the sanctioned loan to you for which you have suffered loss and mention those aspects in your S.A. to be filed before the DRT before the sale takes place.

7. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. You have been explained in details in my earlier post about your course of action.

2. You shall have to engage a local lawyer who practices before the DRT to file the S.A. and also a I.A. praying for a stay order against the said e-auction notice issued by the Bank.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. You have already been notified by the Bank that they have started SARFAESI proceeding to recover the outstanding amount standing against you in your loan account and this e-auction is the final stage of the SARFAESI action initiated by the Bank.

2. No stay can be obtained solely on medical ground but you shall have to point out some fault of the Bank as explained in my earlier post to pass blame on he Bank for your failing to repay the loan and then pray for a stay order on the said e-auction notice.

3. Contact a DRT practicing lawyer at your place immediately since it is a specialised subject.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

If notice is issued under Sarfesai Act than file representation to bank u/s 13(3a). Bank is bound to consider the application and you will get more time for repayment .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Please go to High court against the bank notice and get stay at this moment on this ground at the moment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

There is no other alternate to stop the auction of an immovable property. You can file a suit under Section 37 of Specific Relief Act.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Please find out and advocate who is practicing in High Court to file the petition for getting the stay.

After stay you may go to DRT.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir the local lawyer shall file a writ petition before high court seeking stay of auction on your medical ground on that ground that you shall initiate settlement with bank to settle all the amount. Further for technical grounds the documents needs to be seen

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

GC would not intervene as you have alternative remedy available of filing application before DRT

2) file application before DRT

3) enclose auction notice , proof payments made etc

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Apply for the stay against the said auction notice. court may grant you the same on your medical condition for sometime. In the mean time convince the bank that you will repay the same. Try to settle or contest the case on merits.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

You go to DRt ( Debt Recovery Tribunal)

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You are not providing complete details. Notice issued u/s 13(2) ?

Possession taken by bank ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You have availed loan which you shall have to repay on agreed terms as per the law.

2. If you do not repey as per the terms then the Bank will initiate action as per SARFAESI Act to recover the outstanding standing in your name by selling your mortgaged property which the Bank has done in the instant case.

3. There should be some ground for applying before the DRT praying for staying the e-auction.

4. The action taken by the bank is as per SARFAESI Act,2002 and the Bank has already issued Demand Notice and Possession notice to you as per section 13(2) & 13(4) of SARFAESI Act and you were supposed to act based as per Section 13(3A) of the Act as has been explained in my earlier post which, it appears that. you have not done.

5. So, approach a local lawyer immediately and file S.A. & I.A. as advised earlier praying or staying the e-auction of your property.

6. without any valid ground, DRT will not pass any stay order in the instnt case.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

On the basis of the repayment details, you can file an injunction suit before the civil court, provided the bank has not initiated action under sarfaesi act.

If the proposed auction sale is under sarfaesi act then you may have to approach DRT alone to fight it out on merits on the basis of your genuine background and the repayment particulars.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

How to apply stay order it is very urgent reply me is it possible or not

You may contact a lawyer, consult with him about filing the injunction suit and stay of the auction proceedings. in the local;

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

How to stay it by medical or by any means?

You can produce the medical certificate and the treatment particulars due to which you could not make the repayment before the court for drawing the sympathy of the court, however if it is before the DRT no such excuses will be considered.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

What is the simplest way to stay e auction I have my medical documents bank deposit challan I don't know any law about drt I want only to stay e auction i will go to high court by tomorrow what would to say to local lawyer kindly suggest me

High court may not entertain any petition seeking stay of e-auction.

You have to approach DRT only with all your relevant papers and grounds for seeking stay of the operation of the e-auction proceedings.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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