Legal Question in Banking Law in India

kindly let me know that if once possession has been taken by bank under section 13(4) of sarfesai act earlier does the bank have authority to again enter the premises and lock the main gates of the premises in which other persons properties are also located . kindly reply.

Can a bank take possession of property twice under the same warrant issued by the CMM . Once the whole premises was locked and after one week the main gate was locked . is it possible and is it permissable under the law.


Asked on 9/26/10, 12:21 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may consider challenging bank's action before D.R.T. by filing an appeal.

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Answered on 9/26/10, 2:45 am
J. Radhakrishnan independent Practice

Taking possession means taking possession of the property mentioned in the warrant. It is possible to have the premises locked second time when already possession has been taken as per the warrant. Third party whose things are there should apply to Magistrate for delivery of his items if he is not concerned with the debt or has an independent right to possess the property in question

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Answered on 9/26/10, 7:09 am


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