Legal Question in Civil Rights Law in India
Dear respected sir
I would like to ask a question regarding propery auction by Bank under surfaesi act
I had booked a flat and paid full amount during 2013.The builder during 2015 pledged the entire property to the bank and availed 7.5 crore loan without the knowledge of the Allottees.. as the builder could not finish the work and hand over the flat in time to me I filed a case against him in 2018 and on the same day court attached the entire property and buildings therein to protect my money. understanding the attachment the bank issued notice to the buider requesting him to remit the loan.in meantime during Dec.2019 the case is settled in the court ordered mediation with a condition that the amount due to me has to pay by the allottee within four months failing which the building property will be the charge of the debt.Accordingly the matter has informed by me to the Bank with a request to protect my money. In the meantime ignoring the attachment and court decree the Bank took phisical pocession of the property.
so kindly adives what should i do to get ny money..the building work is still incomplete.can i file file EP againt bank to recover my money..pls advice
1 Answer from Attorneys
your query can be answered after going through the order of the court and the settlement documents.
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