Legal Question in Banking Law in India

Can a bank ask tenant or relative of the owner of a properly who is staying in the house to vacate the house immediately without giving notice of possession of house under Sarfaesi Act ? About half a dozen bank staff along with 2-3 police officers suddenly entered a flat and asked the occupant who is not the owner to hand over the key of the flat and vacate the flat immediately. The bankers state a notice was pasted on the door when the occupant was not in station. The fact is that the occupant on returning from outstation did not c any notice pasted. Should the occupant who is not the owner not be given a notice and give him time to vacate before taking possession?? Can the occupant in such a case file a harassment case against the bank? If so , through whom?

Asked on 2/24/11, 8:08 pm

J. Radhakrishnan independent Practice

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they will have to file a case in DRT with a delay excuse application and seek stay of delivery of possession

Answered on 2/26/11, 7:46 am

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