Legal Question in Banking Law in India
Securitisation notice
Sir, I want to state that I had availed a loan of amount Rs. 10 lacs and due to loss in business I was unable to pay the loan amount. The bank served me securitisation notice and has taken possetion of the property that was mortgage against the loan. The aproximately value of the property is more than Rs.50 lacs and the property is in the name of my mother. So, kindly suggest me some ways to protect myself form the bank's action.
1 Answer from Attorneys
Re: Securitisation notice
Infact to contest the Securatisation Matter requires alertness from begining i.e. u are required to raise all the objections from receipt of notice u/s 13(2) and bank replies it within 7 days . The case is required to be developed from stage of notice . You must have taken objections . Further within 45 days of possession your DRT Application u/s 17 is required to be filed . The limitation is crucial part . Further in Application u/s 17 u are required to convince the DRT the irregualrities and illegalities caused by bank . If DRT is convinced it quashes the poroceedings . If not DRT dismisses your application . in such an event you can file appeal and seek time to pay the mandatory deposit amount and stay recovery measures . But ultimately banks many mistakes are waived and the borrower is made victim. In my opinion when you decide to contest the matter you should propose the bank for settlement simultanesly as the concession can only be given by banks and not by court or law
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