Appointment of commissioner
(Querist) 28 April 2023
This query is : Resolved
My prayer goes like this:
Based on the comprehensive response provided in Petitioner’s earlier statement to this OA, it is evident that there are numerous contested facts in this case. It is important to note that the very nature of this OA suggests fraudulent collaboration between the 1st Respondent/Applicant Bank and the 2nd Respondent/ 3rd Defendant Builder. The truth behind their actions became apparent during the Cross Examination of the PW1. It is crucial to acknowledge that the property in question has been unlawfully fortified by the 1st Respondent/Applicant Bnak, in collusion with the 2nd Respondent/3rd Defendant Builder. Their primary objective appears to be prolonging and creating legal disputes with the intent of pressuring the Petitioners into relinquishing their rights to the property.
5. The 1st Respondent/Applicant Bank illegally seized the property in August 2009 without following the appropriate legal procedures. The present OA was filed by the 1st Respondent/Applicant Bank in October 2011. Despite more than a decade has passed since the OA was filed, the status of the property remains unclear. Furthermore, the KG Marina Owners Association is not granting the Petitioners access to the area of the flat in the apartment, which has led to the Petitioner harboring doubts that the property may have already been liquidated.
6. It is therefore just and necessary in the principles of Natural Justice for this Hon’ble Tribunal to kindly permit the Petitioners/Defendants 1&2 in this case to undertake the following actions:
a) Appoint a commissioner to verify and ascertain the status of
the flat at xxxxxxxx, within the apartment premises.
b) Determine the name, address, and identity of the individual who
collected the original Sale Deed No:xxxxxxx from the records of
the Sub-Registrar Office (SRO).
c) Assess the present value of the flat through an Authorized
Government Valuer to determine its current worth.
These requests are vital to ensure a fair and just resolution of this case, adhering to the principles of Natural Justice.
Please guide can I file this IA in DRT
T. Kalaiselvan, Advocate
(Expert) 01 May 2023
If you are the petitioner in this case, why should you file an IA again because you have already filed a petition and are awaiting the decision of the court, hence you may await for the court to pass an order allowing your petition after which you will be instructed by court to file an IA for appointment of court commissioner with the details thereon.
(Querist) 01 May 2023
Iam not a Petitioner but Respondent in the OA filed by the Bank