Asked in Labour and Service
BANK NOT EXECUTING SALE DEED AFTER AUCTION SALE Bank conducted E-auction under section*Phone*of SARFAESI Act for sale of mortgaged immovable property. Accordingly, my friend became the highest bidder with a bid of 21 lakhs and thereafter, as per the terms and conditions of auction, paid whole consideration amount to the bank. After that, the bank issued SALE CERTIFICATE in favour of my friend on*Phone*In the Sale certificate, it is mentioned that "the bank has given and handed over the possession of the property to my friend. " But till today no possession is given to my friend. In fact, the property purchased by my friend is still under possession of the borrower. He is not ready to hand over the possession of the property. Nor the Bank is willing to hand over the possession of the property. My friend has several times requested authorised officer of the bank to execute sale deed of the property in his favour. But the bank is not willing to do the same. 1. What is the remedy available before us? 2. Can we approach civil court through a civil suit under specific relief act for seeking execution of sale deed in favour my friend? 3. Or we have to approach DRT? 4. DOES BANKING OMBUDSMAN has power in this matter? 5. Can we approach CONSUMER COURT for the sale?? 6. Which law or act is there relating to public auction?? please help • Answer • • • You have to approach DRT for effective remedy .
You may approach CAT or High court. Please give me RANK FIVE (5) if my answer satisfies you.
you should have to move to High Court by filing a writ petition
Yours is not a individual case, if you can manage to send a detailed representation collectively to the concerned department and if the matter is not resolved You have an open option to approach the concerned Central Administrative Tribunal for enhancement of pay scale which will be applicable to whole department and will get the matter resolved once for all. You have a good case and you will succeed. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
you can approach the concerned CAT or High Court by way of filing a writ petition in this behalf
yes you can .go to high court Or service tribunal or cat depending upon your department and*Phone*details.
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