Legal Question in Credit and Debt Law in India

A verdict goes against me in Senior Judge court (Anandpur Sahib Tehsil) for recovery of almost Rs 4.00 Lakh.I was ready to pay that amount and had asked my counsel to take directions from court regarding mode of payment i.e. lump sump or in 3 instalments.But except submission of Vakalatnama in court (on my behalf) he did not initiate any action and failed to intimate me progress of the case .Is Counsel liable for any legal action?

Due to Counsel's failure court ordered auction of my property i.e. my house where I am putting up with my family .Neither my counsel nor any of departmental information came to me in any form .Now my submission is as follows:

1. Naib Tehsildar came to my residence along with bidders at 10am and I was surprised to see them. What were those issues which were violated by Tehsildar before conducting auction? I did not have even an iota of information about its auction.

2. I have this house whose market value is 40 lakh, but beside that I have movable property as well. I have agricultural land (HUF) in my name? I have 10 lakh vehicle (Tata safari).How was it that my house was put up for auction by court without any intimation to me?

3. Can court attach my house when I have other properties in my name?

4. I have been given to understand that no residential property can be sold for recovery especially when other properties are available.

5. No procedure were followed as per law of land i.e. the Court, through its officers, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession.

6. No warning in any form was ever given to me. Neither any of my neigbourer's were aware of it?

7.Naib Tehsildar started auction from 5 lakh whereas when I purchased this built house and registered at actual cost of Rs 15 lakh almost 4 years ago.

8.What were those actions which Govt officers were supposed to take before taking auction ?

9.THough my brother took auction at 36 lakh but in this way I have been hurt mentally and socially ,should I proceed with defamation suit against all responsible ?

10.Next day decree amount was paid in court and auction was cancelled by Judge but I have lost a lot socially & professionally by hurting my reputation.

So please guide me how should I proceed so that erring officials should not take any illegal route by hurting reputation of common man >


Asked on 8/23/09, 12:57 am

2 Answers from Attorneys
KAMAL GROVER

Your counsel is your representative, so if he is present then it is persumed that you are present in the court, but before auction, the authories should send a letter to you personally also to intimate about auction. So try to findout the real culprit only then you can proceed else, your defamation case against everybody will not succeed.

Your further clarification is welcome at;

[email protected]

Advocate

M:09814110005

CHANDIGARH (INDIA)

We have branches in High courts in all over India.

With Regards

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Answered on 8/23/09, 1:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may deposit the decretal amount in the court and request for cancellation of auction proceedings. The auction is subject to confirmation by court. If you deposit money in the court prior to confirmation of auction sale, the court will refuse to confirm sale.

You need to find fault with the auction procedure if you have alternative modes/resources for making payment.

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Answered on 8/23/09, 4:20 pm


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