Legal Question in Consumer Law in India

Physical possesion

I have taken aproperty in sarafesi act from tamilnad mercantile bank and the bank applied to district collector requesting get and give physical possession and he has passed order to sub-collector(R.D.O) and he might have received bribe so he keeps on postponing for past one year saying landlord has gone to get stay order,bank has given DRT order or notice saying no case pending and this was informed to anti-corruption dept. but at present there is no proof he has received money.how i can deal? and to take possesion


Asked on 3/19/09, 8:37 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Physical possesion

(a) You should not level allegation of "bribe" without any proof. Mere delay of proceedings may not mean that the officers are corrupt or bribed. You have no right to level an allegation like this. You may be guilty of defamation.

(b) You may pursue your remedy in accordance with law.

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Answered on 3/19/09, 10:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Physical possesion

approach a banking lawyer.

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Answered on 3/19/09, 10:37 am
Advocate Siva Subramanian M/s. R. Siva Subramanian

Re: Physical possesion

My suggestions are :- (1) Present an application to the Collector mentioning the full facts; If you do not receive proper reply/response, seek the position of your application through 'Right to Information Act'. (2) If you want to fix those beggars seeking bribe, approach 'Vigilance department' [I don't think it's workable one]; (3) If your attempts with the 'collector office' fails, then you have no other option than to approach High Court for a writ of 'Mandamus'. Kindly post your feed-back.

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Answered on 3/19/09, 2:00 pm


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