Bank auctioned my land
Suhas Shivalkar
(Querist) 13 January 2012
This query is : Resolved
I have dispute with co-operative bank as they have fraudulently took my cheque and deposited in their bank to get it bounced. There is no loan pending against me.
I own a piece of land in agri zone. In no way it is connected to the said transaction. The bank learnt about it and managed to add their name on the property card even without sending me any sort of notice. Then they have auctioned it and one party paid part amount to bank. I have inquired about addition of bank's name with the concerned Talathi office under RTI. They replied 'documents missing'.
May I file a criminal suite against bank & officers for such forgery & mischievous act?
ajay sethi
(Expert) 13 January 2012
if there is no debt due and paybale why did you give blank cheque?
what is nature of dispute pending with cooperative bank?
consult a local lawyer . if you have no money due and payable and bank has wrongly auctioned your property you can take legal proceedings against bank
Sankaranarayanan
(Expert) 13 January 2012
You said no due then hw they got your cheque without ur knoledge another u said no dispute with bank then if any other transaction u made with them tell me detail
Rajeev Kumar
(Expert) 13 January 2012
Give details of your query.
Raj Kumar Makkad
(Expert) 13 January 2012
I think there is some flaw in your query as is it not possible by any banker to forcibly take cheque and then get it bounced without having any charge/lawfully enforceable debt. Why didn't file police complaint immediately when this illegal action was being initiated by concerned officials of the bank?
Still you may do so if any fraud has been played with you by changing the name with the connivance of Talathi office without any lawful authority.
Parthasarathi Loganathan
(Expert) 13 January 2012
Check up as to whether you have extended guarantee to any loan and advise.
R.Ramachandran
(Expert) 13 January 2012
DEAR MR. PARTHA,
HEARTY WELCOME.
LONG TIME NO SEE?
Raj Kumar Makkad
(Expert) 14 January 2012
I also heartedly welcome Parth and extend him holy wishes on the eve of Lohri and Makar Sankranti.
V R SHROFF
(Expert) 14 January 2012
What a gift: on Lohri and Makar Sankranti.
Welcome
Ans: For any Recovery by o-op Bank, must adhere to sec 101 of o Soc Act, and cannot auction property not mortgaged.
You file REVISION APPLICATION to DIVISIONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUMBAI
Ask stay of trf sale
Suhas Shivalkar
(Querist) 14 January 2012
To Shroff Sir,
Thanks to all for replies.
Bank has already auctioned, but can not close the deal as now they need my signature for Sale Deed.
Whom should I approach to make Bank's action null & void?
Regards.
Sudhir Kumar, Advocate
(Expert) 14 January 2012
My dear you are hinding so many facts. How cna someone take cheques from you frauduklently. Did they stole you cheque book and forged signature? How the cheques readched them? How did they manaage to have maniopulate the property owneshrip if that is the case then no bank loan should remain in default and they can recover it from sale of any land/bike/house they see. You say that your land was not connected with the transaction so you know that there is a transaction. First be clear to yourself and only then you should expect someone to understand your facts and give a suid advise. Advise on sketchy facts is likely to be misleading.
Sudhir Kumar, Advocate
(Expert) 14 January 2012
Further agreeing with Mr Shroff I wuld add that if the bank has passed defective title to third party then he is bound by the defenct but he passes the same to fourth party then fourth party is not bound to admit yu claim on the land.
Suhas Shivalkar
(Querist) 14 January 2012
Sir,
no hiding of the fact. Sorry for shortening the facts.
We have loan from the cooperative bank & later we have generated equivalent/more amount of FDs with bank. Then the rival body took over in 1990/91. & for no default of us, they cancelled our facility, liquidated our FDs & claimed for additional 5.80 lakh. It is a civil case. However, in the meantime, during 1998, the branch manager (who was retained till then & later kicked out) called us & took cheque of 25 lakh with the pretext of showing only to Auditors. Certainly, I am fool enough to hand over the cheque with the trust that he will return it back as said. The same was bounced and they filed 138. During the bank added its name and there are no documents available with Talathi when inquired under RTI.
The Bank auctioned but can not close the deal as now they need my signature. The Party who paid part payment is not ready to compromise with the bank. The bank is forcing me to hand over the land and they will withdraw the 138. But I refused and now I wish to fight 138.
Similarly I want to file criminal case against bank for adding their name without my consent. Is it ok?
Sudhir Kumar, Advocate
(Expert) 14 January 2012
My dear sir now you are telling that you are debtor of bank. Now you are telling that the cehque was voluntarily given by you and bounced. After some time you will say that the land was mortgaged also. Then you will also admit that the bank had a court order for atachement and then auctioned. In case the land was not mortgaged then there can be criminal case under PC Act against Talhati office and bank officials being abettor besides other cases. But you still have more facts to reveal on instalement basis.
You are not even revealing as to whether your deault was really worth 25 lakhs. It is a relevant factor in 138 case.
Beware if the bank has passed defective title to third party then he is bound by the defect but he passes the same to fourth party then fourth party is not bound to admit your claim on the land.
Most likely the person who paid in auction may not be a gentleman. In all probability a stock bidder of bank.
Devajyoti Barman
(Expert) 14 January 2012
rightly advised above and follow their advices..
Shonee Kapoor
(Expert) 14 January 2012
You need to act on the advises.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suhas Shivalkar
(Querist) 14 January 2012
As rightly said he is rogue, a director of another leading cooperative bank. The cheque was given only as favour as I did not realised the consequences and trusted words of the known manager.
Thanks for the guidelines, Sir.
prabhakar singh
(Expert) 16 January 2012
Some time it happens.Things run beyond our anticipations and expectations.
