Reversal of DRT Auction

Tilak Marg Forum for Legal Questions Forums Civil Law Reversal of DRT Auction

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    • #3216

      If the bank(thru DRT) auctions the property due to non-payment of EMIs in spite of having a case of fraud against the bank (forgery etc.), can such an auction be reversed or cancelled through a court order?

    • #3231

      It is not clear from your question as to in what stage the case is, but please remember that an order passed by the Debt Recovery Tribunal (DRT) can be challenged in appeal before the Debt Recovery Appellate Tribunal (DRAT). Likewise, if you are affected by an order passed by the Recovery Officer, then his order can be challenged before the DRT. In this regard, please see Section 20 and Section 30, respectively, of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.  In appropriate cases, it may be possible to get stay order.

      In fact, the order of DRAT can also be further questioned before the High Court in a writ petition.

      Consult a local lawyer with detailed facts of your case.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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