i had taken a loan from a state cooperative bank in 1997 which later merged with a multi state cooperative bank in 2006. now my account was declared as npa in 2002 by the state cooperative bank. further multi state cooperative bank took action against me under sarfaesi act 2002 in year 2007. but the action was declared unconstitutional by the gujarat high court because of the judgement of the court that multi state cooperative cannot acquire a state cooperative under gujarat cooperative society act. now after the amendment in the sarfaesi act on 03.01.13 where multi state cooperative are brought under the sarfaesi act, they have again issued me a fresh notice under 13(2).
now my question to u all gentlemen is that
1. my account was npa in 2002, when sarfaeshi act was not applicable to cooperative bank.
2. can multi state cooperative bank which acquired state cooperative bank now take any kind of action against me as per sarfaeshi act after the amendment.
3. further my property is not mortgage with the bank but only a charge is registered on it. so is sarfaeshi act applicable in my case.