• Debt recovery section 156 MCS Act

I was a tenant in a property flat for 3 years, since 1996, later it was found that there was a recovery process by under section 101 of MCS decree as per sec 107 and the property was mortgaged with the said bank. property flat got attached in 2003 and 2010, the bank offered the flat to us under settlement due to court cases filed by me. I paid half of the amount and filed a suit for specific performance and prayed for stay. The court ordered stay in 2015 permanent injunction not to disposes without due process of court . Now another co op bank has filed the same proceedings in which the owner is a guarantor and the collector has order possession notice as per sec 156 MCSa. I have protested the possession as i m in legal possession having a stay. however the collector is still proceeding with possession. What should I do?
Asked 5 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

  1. As per the information mentioned in the present query, makes it clear that you have been granted injunction order form the civil cpurt of law.
  2. It is also your case that when there is already an injunction in your favour then how there can be another one in someone else’s favour.
  3. You can approach the appellate court of the commissioner court or you can also file a Writ of Certiorari under Article 226 of our Constitution before the High Court for getting stay against the order in the initial  stage.
  4. As in the appellate court, it may take some more time in comparison to the High Court.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1) if owner was guarantor of loan bank can take recovery proceedings against him and in execution proceedings seek to attach his property 

 

2) you can take the plea that you are bonafide purchaser of value had purchased property frombank on basis of settlement arrived at 

 

3) take legal proceedings and seek stay of possession notice issued by collector 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If there is a stay of court you can move contempt Petition against him

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Earlier stay is binding on first lender and not on co-operative bank

That's why collector is proceeding with his notice to take possession 

You need to file a writ to challenge this on proper grounds

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

What about recovery certificate? Bank provide you recovery certificate at the time of settlement amount. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

 File Contempt Petition in the court who granted you stay , this does not matter that that was another case, it is the duty of the Collector to suggest the party to go to the court which granted you stay that to move for impleadment to have relief otherwise Collector is wrong.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. You can also file a case against the landlord and seek recovery of money from him;

2. Since you are tenant you can seek maximum 3 months on grounds of sympathy to relocate yourself;

3. It is better if you find another place and surrender/terminate your rent agreement;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can file a petiton challenging the orders passed by collector before high court in a writ petition or get yourself impleaded in the case before the collector and file an appeal against the order with the appellate authority on the basis of the orders that was granted to you in your favor by a civil court.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer