Bank fraudly obtain degree from drt surpressed high court order
Mohan Mandelia
(Querist) 02 March 2014
This query is : Resolved
Dear Sir,
As per Senior lawyer Shri Gangulyji submit more facts of the case.
Bank file OA before DRT of X ammount in 2010.
Our Advocate did not file WS and experte degree was ordered in end 2012.
Meanwhile gurantor of mortagage property knock the door of High court 2011 and all bank officer inc chairman appears through advocate and in mediation Hon'ble high Court passed an order to deposit Y ammount and release the property(Property which was the part of OA)
On compliance of order gurantor deposit Y ammount and bank release questioned property feb 2012.
Now the matter is decreed by DRT bank adament to published the matter in newpaper and creating pressure.
Bank didnot file ammendment app before tribunal and entire falsely claim including the property which was released by highcourt was also decreed.
looking to the pressure borrower compromise at certain amount and bank withdrawl decree from tribunal of X amount.
Now the question is the compromise take place of entire amount of decree i,e X.so the bank did not didnot deduct the deposited amount.
The perjury and fraudently obtain decree is offence u/s 340 Cr P C with 195,Sec 22(3) of RDB Act 1993 have provision to file the same before DRT but limitation Act Cr P C 468 or Sec 5 Limititation 1963 applicable.
Pl advise god knows how many decree bank obtain by uncleanhand.
Sudhir Kumar, Advocate
(Expert) 03 March 2014
repeated
http://www.lawyersclubindia.com/experts/Appropriate-forum-when-bank-fraudently-dishonestly-and-misrepresentation-falsely-claim-debt-457026.asp#.UxPh_c41hn4
K.K.Ganguly
(Expert) 03 March 2014
1. You should have continued your earlier thread for getting the instant matter clarrified,
2. Since DRT has already passed order, the Recovery Officer will now act to realise the decreed amount and will issue notice to the Borrower/Mortgagor to attend the hearing,
3. Attend to the hearing before the Recovery Officer & place before him the High Court order,
4. If the Recovery Officer refuses to accept the High Court order & passes some adverse order,
5. File an application u/s30 of Recovery of Debts Due to Banks & Financial Instititional Act, 1993 before the Presiding Officer of DRT duly placing the High Court order,
6. If you fail with DRT, file an appeal before the DRAT & if you fail there even, file an application before the High Court praying for an order setting aside the order passed by the DRT,
7. This I think is the proper way to be followed by you to get relief.
