Sunday, March 24, 2013

Amend SARFAESI Act, says Justice Ramachandran




Amend SARFAESI Act, says Justice Ramachandran






High Court Judge Justice C N Ramachandran Nair
inaugurating the seminar on ‘The implication of action taken by the bankers against borrowers under ‘SARFAESI Act’ in Kochi on Saturday
High Court Judge Justice C N Ramachandran Nair inaugurating the seminar on ‘The implication of action taken by the bankers against borrowers under ‘SARFAESI Act’ in Kochi on Saturday



Anonymous has left a new comment on your post "Amend SARFAESI Act, says Justice Ramachandran":

on OA 796/o6 (DRT- Visakapatnam)

said

" the bank did not maintain the accounts properly

in the loan account and there is no explanation from

the bank so far as maintaining of the acount is concernred

and it is clear in all the bank cases and the account copy

will fasten the liability but in this case the account copy

itself is incorrect and people will believe the account copy

of the bank and this account copy seems to be totally

incorrect inview of the several pay slips filed

by the defendents which are marked

as EX B13 to EX B18 containing many books.

In these CIRCUMSTANCES THEACCOUNT COPY

CANNOT BE BELIVED AND THEREFORE THE OAhas to be

allowed only for the amount of Rs. 1128685/- with simple interest 6%pa.,

from the date of OA till realisation.


This recovery certificate is being issued

since it is public money and there is no document

to show how much amount acually due to the applicant bank.

The bank never proved the amount due.

It is the intial burden on the bank according to the

Evidence Act Sec 101 to 103 and the intial burden is not

discharged by the bank.

Therfore, the bank cannot base on the demerits

of the defendents case."
The case before DRAT., Chennai. Actually paid excess Rs. 4 lakhs. Auditor certified submitted into court. Bank auctioned for lesser decree amount crores worth of property and locked the property from more than 4 years. It is cinima house. Bank finaned Bank guarantee only to supplier
DRT, Visakhapatnam in OA 796/06

Is it justice in INDIA?


ANYBODY REALLY PROVE JUSTICE IN INDIA STILL ALIVE 

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