1. In section 14 proceeding getting stay order is very difficult .Only on the limited ground to depositing money on non service of notice the saty can be granted by DRT or High Court

2. DM can not recall its own order unless it fund fault on technical ground.

3. Talk to bank and file a compromise petition in DRT on final amount and deposit the same within the time asked by DRT. Once that is done you will get chance against physical possession of your proeprty.

4. If stay is allowed bank can not take possession of the proeprty anymore.

5. No.

1. challenge the order of the DM before the Lucknow Bench of the Allahabad High Court, if there is a possibility of the same on any ground.

2. DM court can not recall its own order.

3. Yes that can be adjusted, and that is upon the bank to settle the terms of the settlement/ OTS.

4. No if you get the stay then the bank can not do any thing.

There is no specific time period.

Let me know if I can be of some help, we have a dedicated team of lawyers working in Lucknow

Regards

1) DRT can stay order of DM . you have to file appeal against order of DM under section 17 of the SARFESI act

2)it is for bank to accept your OTS offer

3) you would not get waiver of total loan account . at most some part of interest may be waived

4) order passed by DM cannot be recalled by him

5) if you get stay order from DRT bank can file apeal against order before DRAT

Dear Client,

Bank has given me a week time by letter dated 21.3.2017 - ? Acc. to dates, ur case is already expunged.

What is the present status of case.

Supreme Court in Kanaiyalal Lalchand Sachdev and others Vs. State of Maharashtra and others3 and also the subsequent decision in Harshad Govardhan Sondagar (supra), an appeal is maintainable against the order passed under Section 14 of the SARFAESI Act before the Tribunal under the provisions of Section 17(1) of the Act.

1. Can i get stay order by DRT against DM order ? - File appeal

2.Can i ask for recall of DM order in DM court? -- Can tr, rare possibility.

3.What is way to do OTS with bank and can i get any waiver in my total loan account ? Someone told me that interest that i have deposited in past Two years can be adjusted in principle amount . -- Bank needs its money back, get stay from DRT, and by mutual discussion, come into settlement. Principal amount only.

4.Is there any other thing bank can do against me if i can get stay order against DM order of section 14 ? - no, appeal against the said order only.

5.DM gave order under section 14 on 16.3.2017 is there any time period rule after which Bank can do proceedings against me? -- 45 days.

Ur dates are confusing, its 2018 now

Since CENTRAL BANK OF INDIA is public under taking bank...so you may file a writ petition before Hon'ble High Court for interim relief. But you must have been showing your Bina fide.

1. it depends on your financial position. if it is bad then there is possibility.

2. you can appeal.

3.this depends on policy of bank

4.no.

1. Since the DRT has given instructions for OTS, the bank has to obey the orders of DRT, so you have to approach DRT for stay once again.

2. Order of DM is a different subject, once you get a stay from DRT then the DM's order cannot be implemented.

3. These things are to be discussed before the DRT only and not with the bank because the bank is not cooperating.

4. The bank cannot proceed with the DM's order if there is a stay by DRT

5. The bank has to implement the orders immediately or on the instructions given in the said order.

You immediately approach to the High Court  wasting a single time I can help you in that as I am also lawyer at Highcourt

Hi, you can approach DRT or the HIgh Court (under writ jurisdiction) to get the DM order stayed and set aside. You have to project OTS as ordered by DRT and during OTS with bank you need to bargain and get maximum waiver with the bank. It has been seen that in order to get NPA cleared, the banks are giving waiver in interest rates. Once you get orders from higher authorities, the bank may not able able to go harsh against you.