Wrong notice under sarfaesi act

Kvijay12345 (Querist) 24 August 2016 This query is : Resolved
If the loan agreement is forged by the bank and the FIR for forgery cheating etc.against the bank is registered ; in the absence of valid loan agreement, if still the notice under SARFAESI ACT is sent by the bank, What is the penalty payable by the bank for sending the wrongful notice under SARFAESI ACT? To whom this penalty is payable by the bank? If in the absence of the valid loan agreement, the bank still files the case in DRT, is this case maintainable?

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Devajyoti Barman (Expert) 25 August 2016
Give background details of the query.
Looks like academic query.
You can take the plea of forgery in application u/s 17 of the Act.

Rajendra K Goyal (Expert) 26 August 2016
Whether loan was taken?

How the document was forged?

Whether property was mortgaged?

Please mention clear material facts for advice or discuss local lawyer and show him all related document.

Kvijay12345 (Querist) 30 August 2016
The property is mortgaged however my and my wife`s signatures on the loan agreement are forged and also there are overwritings in the loan agreement at several places which we do not admit.The rate of interest is changed to 12.5% from 8.5%.That is why in 2012 Highcourt ordered the police to register an FIR against the bank. Can the bank move t DRT with these facts and the forged agreement?