Community › Forums › Legal Advice India › Can Commercial court grant stay on Property?
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UUser_16a246cf
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May 4, 2026 at 12:53 pmThis person, Mr. A, took a loan from AU Bank, then he again secured the loan via ICICI Lombard, and then he got diagnosed with cancer after 82 days of the policy. And he died after 8 months.Now ICICI rejected the claim because he got diagnosed with cancer within 90 days, around 1 week before its 90-day period, but they already deducted the premium. Beforehand, and they didn’t do any kind of medical on Mr. A before giving him a policy.
But Mr. A has his army medical fitness certificate, which shows he is healthy with no major problems. The army medical is new, as he got retired.
Now ICICI rejected the claim, saying the CT scan was within its 90-day policy.
Au Bank has property against the loan now. I want to take a stay before they attach the property.
I have been researching this for quite a while and have come to an end and am unable to find any case laws that will support my claim in the commercial court.
I am avoiding DRT as it needs a value % of the property, and the matter is not in that step yet to apply in DRT. I would like to avoid DRT if it’s possible. Can anyone here help in this matter?
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