Case in drt/chennai under oa filed by the bank
Nazeer Ahmed
(Querist) 19 April 2015
This query is : Resolved
In the OA the bank as an applicant had stated that " I SUBMIT THAT IAM THE DEBT SERVICE MANAGER OF THE APPLICANT BANK AND AS SUCH I AM WELL ACQUAINTED WITH THE FACTS OF THE CASE AND I AM COMPETENT TO FILE THIS PROOF AFFIDAVIT".This is the undertaking that the officer appearing on behalf of the applicant bank had filed in the court and while so when during the cross examination the said officer while answering the questions nearly 75percent of the questions he answered as "I HAVE TO CHECK / I HAVE TO VERIFY / IAM NOT AWARE / I HAVE TO THROUGH ON DETAIL ON SECTION 13(4) OF SARFAESI ACT / I NEED TO CHECK" based on this cross examination, can we file a petition in the court challenging the undertaking given in the proof affidavit by the said officer? Please guide.
Dr J C Vashista
(Expert) 20 April 2015
From aforesaid answers you have already damaged/demolished the evidence of the bank, what else do you want?
No need to challenge the undertaking/ affidavit.
Advocate M.Bhadra
(Expert) 20 April 2015
No need to challenge, all deposition by the representative of the bank may be in favour of you.
Nadeem Qureshi
(Expert) 20 April 2015
Dear Querist
the evidence filed by the bank has been waste and your chance for win the case is very strong now.
if you think fit then you may file a complaint u/s 340 of crpc before Tribunal against that officer.
ajay sethi
(Expert) 20 April 2015
no need to challenge the undertaking given by said officer . contest case on merits
malipeddi jaggarao
(Expert) 20 April 2015
The DRT judge will take into cognisance of the deposition made by the Official of the Bank. There is no need to file separate petition challenging the undertaking.
K.K.Ganguly
(Expert) 23 April 2015
1. The A.Os of Bank keep changing due to their transfers,
2. It is natural for the A.O.s to depose that they have affirmed the affidavit based on the documents made available to them,
3. The A.O. has the right to depose that he needs to consult documents/records. It will be difficult to get the O.A. rejected based on only this ground,
4. You shall have to deal with the merit of the case i.e. whther you had availed loan which remained unpaid or not.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
The afirmation deposed by the deponent in the affidavit is formal and mandatory but the replies given as stated by you are practical that has no bearing to the undertaking in the affidavit. Dont waste time on such issues, you may go through expert Mr. Ganguly's opinion given below once again:
3. The A.O. has the right to depose that he needs to consult documents/records. It will be difficult to get the O.A. rejected based on only this ground,
4. You shall have to deal with the merit of the case i.e. whther you had availed loan which remained unpaid or not.
The above observations/opinions will throw light on the query raised by you.
Nazeer Ahmed
(Querist) 12 May 2015
The bank had helped the builder in converting blackmoney to white through loan account viz in the builders agrerment the consideration for sale of uds of 788sq ft was given as Rs.4856789.00 but the sale deed shows a figure of Rs2326578.00 and at the time of registration the bank payment eas also not recorded in the bank statement which the bank had usrd all its tactics to force me to resale it to the builder which got failed and ism fighting this battle in consumer court since 2007. I had suspended the emi's since 2010 when the bank was continuosly absent in the forum and the forum also did not pass exparte order.After suspension of emi with a letter to close the loan account which the bank did not responded.They issued a sarfaesi notice but though they were in the possession of the flat since 2006, but did not proceeded further but filed a recovery OA in DRT.The bank want me to withdraw the consumer court case and to resale the flat to builder otherwise they say it will take two decade to get the flat and the bank says since they are MNC bank and hence no accountability can be fix.I am fighting for the right cause since 2006.can u guide pls.
