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PRAMOD KUMAR GOEL (DIRECTOR)     22 August 2015

Final order in drt without four vital documents on judicial

Please help me in my case in DRT Delhi.

Bank officer has given evidence affidavit for seven documentary evidences but attached only five original documentary evidences. Two original documents vital for case were never given. At the time of exhibition of documents  one photocopy of statement of account was marked which was considered to determine liability. This photocopy is a fabricated document not from Bank's Computer account and also not properly certified as per Banker's Books Evidence Act. These two documents were vital to determine liability.

Final order refers deed of guarantee which is not existing and motgage of personal property but there is no mortgage duments available on judicial file during inspection. Registry is not providing CTC of these four documents including guarantee and motgage. I filed review application in same DRT. But PO while issuing notice adviced to withdraw Review application and also remarked all documents are on file. I have also filed application under RTI for getting these four documents. CPIO replied that copy judicial records can not be obtained under RTI referring CIC order. Recovery officer is executing DRT orders without having title documents of property in the file and Bank has filed valuation of property before Recovery Officer without having title documents.

Please advice.

 

 



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 1 Replies

AV Bagur Advocate (Advocate )     12 February 2016

What is the status of the case now?  

If the matter is still pending please inform rre you saying that no mortgage was created/ or no guarantee was ever given, or has the bank lost such documents? 


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