• Eviction notice

After section 14 IIFL has sent an eviction notice today . Have Informed us they will physical possession of the house by 16th March . I had defaulted my EMI earlier but since JUNE 2018 and so on I have been paying EMI to stay within NPA guidelines AS of today I have paid all EMIs no EMIS ARE PENDING . What do I have to do to get stay order can someone help me so that they don’t physical possession of my house .
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

See if there is no NPA notice under 13(2) served and you are paying your emi regularly you can contact  financial institution there can be mistake on there part.

Further they cannot force you out from your premises on mere notice they have to get a court order so in that it can be contested.

 

Further if any notice earlier received and it is notice of section 14 sarfesi you need to approach drt to get the stay by filing application under section 17.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Send letter to company by speed post AD to revoke eviction notice as you have paid all EMI and no instalments are pending 

 

2) it is doubtful company would take physical possession when you are not s defaulter 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Possession can be taken if there is default

What do you mean by section 14 notice? 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

1. Do not make any further delay and file a case before DRT under section 17 if the SARFAESI Act.

2. Since you have largely repaid the money taken on loan you can seek injunction on sale and delivery of khas possession which is likely to be allowed in all probability.

3. So consult an advocate and file the application immediately. You will get desired result.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

If you have paid all EMI then you can request bank to hold the same. Else you need to approach the court immediately and get interim stay.

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

1. IF you have documentary evidence of ALL payments (EMI, Interest, Penalty, Charges, etc....) THEN file proper Application before DRT by making the financing agency as party and describe the events and documentary evidences and pray for quashing of the "eviction notice" or "auction notice". Serve the application copy to the financier and obtain stamp+sign acknowledgement.
Do this thru a proper experienced lawyer, on urgent basis.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

First need to speak to IIFL about the notice and move to High court for stay of possession order.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If the borrower's account is classified as a non-performing asset (NPA), where repayment is overdue by 90 days, the lender has to first issue a 60-day notice to the defaulter. “If the borrower fails to repay within the notice period, the bank can go ahead with sale of assets.

 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have paid all the EMIs except few, but now got the eviction notice for not paying the prior pending dues.
  2. Yes, you should go before the civil court of law to get an injunction after filing a suit for permanent as well as temparory for the quick injunction (so should not be waiting to get the same at the conlsuion of the case).
  3. And Once you get injunction then may also move for the mediation and settle the amount in some instalments, if any amount is outstanding there.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

 If you are paying your EMIs diligently then apply to DRT for a stay order. Annex the proof of payment of EMIs.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Approach DRT.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the finance company has not initiated any action under section 14 since you have been paying the EMI regularly, then you may approach DRT to obtain a stay order  against their proposal to  take possession.

You may produce all the documentary evidences for the regular payment of the EMI amount before DRT to obtain stay order.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Ask a Lawyer

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