• Need to get my flat released at the earliest

1 FACTS OF THE CASE
I am the sole absolute owner and peaceful possessor of Flat Property situated at flat no 207 R1 Jaitala Tulsi Vihar Nagpur 440036
The primary loan against the said property was fully liquidated and a formal No Due Certificate was issued by the Bank of Baroda lender in the year 2017
Furthermore I hold a valid Builder NOC and a Clean Title Search Report generated prior to my acquisition establishing that there were no pending encumbrances charges or liens over the property
Despite the existence of a valid No Due Certificate of 2017 and clear title records Nagpur Nagrik Sahakari Bank Ltd has wrongly initiated recovery proceedings action under the SARFAESI Act including issuing notices or transferring the account to an ARC by suppressing my clearance documents
I served a formal written representation to the Principal Nodal Officer of NNSB on 06th Jan 2015
2 GROUNDS OF DEFICIENCY IN SERVICE
Gross Negligence Failure of Records NNSB failed to update its records regarding the 2017 No Due Certificate from BOB leading to arbitrary and wrongful recovery actions against an innocent nonborrower.Despite this ARC visited our flats on 12th AUGUST 2026 with CJM Order
Suppression of Facts The bank suppressed the existence of my 2017 NDC and Builder NOC while initiating enforcement measures I am a senior citizen aged 68 years Please request NNSB to give relief by excluding my flat no 207 from any auction I have a No due certificate from Bank of Baroda
I am being harassed though I am Bona Fide Third Party Please get my flat no 207 released at the earliest
Asked 22 hours ago in Civil Law

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5 Answers

 

1) you must File a Securitisation Application (SA) under Section 17 of the SARFAESI Act as an aggrieved third party. take the plea that You are a Bona Fide purchaser with a clean title report, a Builder NOC, and a 2017 No Due Certificate from Bank of Baroda proving the primary encumbrance was extinguished.

2) : Request an immediate ad-interim stay on any physical possession, symbolic possession, or auction notice regarding Flat No. 207.

 

3) engage a a local advocate practicing at the DRT Nagpur bench immediately. Do not delay, as SARFAESI actions operate on strict legal timelines (usually within 45 days of a possession notice).

 


 

4) File an online complaint directly through the RBI Complaint Management System (CMS).

 

State that NNSB suppressed your 2017 clear title records, ignored your formal grievance representation, and is harassing a senior citizen over a non-existent/wrongful liability.

 Mention your age (68 years) prominently. The RBI Ombudsman views harassment of elderly citizens with extreme severity.

 

Ajay Sethi
Advocate, Mumbai
100882 Answers
8241 Consultations

Dear Sir, 

You are suggested to first file appeal before the DRT against the CJM order passed against your flat giving all the proof of NOC etc. and get an stay/quashing of the order passed by CJM. Thereafter file police complaint against all persons who committed fraud and conspiracy against you.  

Ganesh Singh
Advocate, New Delhi
7330 Answers
16 Consultations

You made a representation to NNSB in 2015, so did you get any formal reply  ?

You have noc from BOB , not from NNSB

Builder's noc is irrelevant 

Yusuf Rampurawala
Advocate, Mumbai
7993 Answers
79 Consultations

Under Indian law, third-party bona fide purchasers facing illegal SARFAESI action have strong judicial remedies.

As a non-borrower, bona fide purchaser with a valid 2017 No Due Certificate (NDC) from Bank of Baroda, you have full locus standi to approach the DRT.

Pray for an immediate interim stay / injunction against physical possession and auction of Flat No. 207, on the grounds of Fraudulent suppression of BOB's 2017 NDC, absence of valid mortgage/charge registered by NNSB on your specific flat, and violation of natural justice.

Request the Tribunal for an urgent hearing on the stay application before the CJM order is executed or physical possession is taken by the ARC.

If the DRT bench is not sitting or there is an imminent threat of eviction before an SA hearing can be scheduled, approach the Bombay High Court (Nagpur Bench) via a Writ Petition for urgent protection as a senior citizen and bona fide owner.

Please take your complete document set—including the Registered Sale Deed, 2017 BOB No Due Certificate, Title Search Report, Builder NOC, and a copy of the CJM Notice/Order—to a practising High Court or DRT Advocate in Nagpur today to draft the Section 17 Application immediately.

T Kalaiselvan
Advocate, Vellore
91089 Answers
2525 Consultations

Subject: Urgent Release of Flat No. 207, R1 Jaitala Tulsi Vihar, Nagpur – Wrongful SARFAESI Action

I am the sole absolute owner of Flat No. 207, R1 Jaitala Tulsi Vihar, Nagpur – 440036, having fully liquidated the primary loan against it, with a formal No Due Certificate (NDC) issued by Bank of Baroda in 2017, along with a valid Builder NOC and Clean Title Search Report establishing clear title with no encumbrances. Despite this, Nagpur Nagrik Sahakari Bank Ltd. has wrongly initiated SARFAESI recovery proceedings against my flat—suppressing my 2017 NDC and Builder NOC—and an ARC visited my flat on 12th August 2026 with a CJM order, causing immense harassment to me, a 68-year-old senior citizen and bona fide third party who is neither a borrower nor guarantor. The bank's failure to update records and suppression of material facts constitutes gross deficiency in service. I have already served a formal representation to the NNSB Principal Nodal Officer on 6th January 2015. I urgently request that Flat No. 207 be immediately excluded from any auction and released from all recovery proceedings, as I hold a valid NDC and the bank has no right to proceed against my property.

Lalit Saxena
Advocate, Sonbhadra
429 Answers

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