Challenging a judgement taken by collusion

 

(Querist)
11 August 2019

Sir/Madam,

I am from West Delhi, Paschim VIhar.

1. I gave earnest money for 2 shops of Central Delhi.

2. Sellers neither gave me shops not double of the Bayana.

3. I filed the lawsuits in arbitration and won both the Cases.

4. Then I filed the Execution of both the "Arbitral Awards" and both the Execution Courts found my Award executable and both the Courts asked me to take the possession of both the shops.

5. Almost one years back, I took the possession of One of the shops. But within One hour a Manager of Union Bank of India came there and told me that UBI had financed those shops as well as many other portions of that Building and UBI had taken the possession of those shops as well as other floors via CMM. We exchanged our Court Orders.

6. After the passage of some time, UBI filed Objection in one of my Execution Court. Now the matter is pending for Argumentation.

7. Meanwhile, I have found several discrepancies in financing procedure of UIB used for those properties.

a) One of those shops was not owned by the UBI borrower.

b) UBI financed 4th floor, whereas in Delhi 4th floor is illegal.

c) UBI financed 30% undivided share in the basement, whereas it is impossible to take the possession of an undivided share without going through partition suit, if not given by consent.

d) UBI did not allocate the Loan of 90 Lakhs separately to each property but treated 5 properties collectively as one Unit.

e) Even after taking the possession through CMM, UBI did nothing to monetize these properties for a period of one Year. Not a single auction was arranged by UBI.

f) There were no proper boundary walls of the shops on the backside. Even after taking the possession from CMM Court, UBI did not try to erect these walls to secure the physical possession of the shops. Those walls had been erected by me.

NOW I WANNA Challenge the Judgement taken by UBI on the basis of Collusion/ Fraud, whereas I was not a party to that suit.

But right now UBI has submitted an objection in the Execution Court, from which I got the Order to take the possession.

Therefore now the hurdle is UBI's Order for me.

Where/how to challenge UBI's Judgement? In which Court, under which Act/Section?

My view till now is, formed by internet research, I have the best option to challenge in CMM court, the same court from which UBI took the Order, u/s 44 Evidence Act.

Sir/ Madam, What is your considered opinion? What is the Best Option?


KISHAN DUTT RETD JUDGE (Expert)
12 August 2019

Dear Sir,
If you are aggrieved by any judgment or order of any Court then you may approach Higher Court.

Kumari Cheenu (Querist)
12 August 2019

KISHAN DUTT Sir, what is the best Court for my Case. Plz reply specifically.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

  LAWyersclubindia Menu