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#1 Does Filing A Case In The DRT Automatically Stop A Bank Auction?

Does Filing A Case In The DRT Automatically Stop A Bank Auction?

Read detailed legal questions and professional answers provided by experienced DRT lawyers to help users understand their consumer rights, legal remedies, and court procedures.

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Q

Question:

Does filing a case in the DRT automatically stop a bank auction?

A

Answer:

No. Filing a case before the DRT does not automatically stop a bank auction or possession proceedings. Interim protection must be specifically sought, and the tribunal must pass an order granting it. A pending case should not be treated as confirmation that the auction has been postponed.


The bank’s notices, auction schedule and alleged legal defects are relevant to the challenge. Any protection depends on the tribunal’s order and its conditions. Borrowers should check exactly what the order restrains, because an order concerning one stage of recovery may not prevent every subsequent action.

By Advocate BK Singh Supreme Court | High Court | Tribunals