Stay/postpontment of procedings
Amit Kumar
(Querist) 09 October 2011
This query is : Resolved
Dear sir/Ma’am
I want to know that if the plaintiff itself lodge/filed the complaint with the CBI and the CBI is conducting investigation,regarding the involvment of the bank officials for commiting fraud upon many people, and the matter in the civil court is at the stage of PE, can we the defendant at this stage made a request to the CJ to stop proceeding of PE till the matter is investigated by the CBI as in this civil recovery suit some issues was that the bank officials themselves involved in committing frauds and the same fact was also accepted by the bank/plaintiff that some of its employees/officials are guilty of disbursing loan on fake doc’s. And the plea of the defendant was that he had not got any single penny of the loan amount.
Please also mentioned under what provision the stay/stoppage of proceedings can be obtained and it will be of immense help to me if any one of Hon’ble members can provide me one or two Judgments supporting my Query.
My E-mail id is : amit_kumar@lawyer.com
Thanks & Regards
Amit Kumar
Advocate
Kiran Kumar
(Expert) 09 October 2011
the criminal and civil proceedings can run separately.
the plea raised in civil suit may not have any bearing upon the investigation being done by the CBI, but it is still relevant.
the role of Investigation Agency to find out the truth by their own methods, whereas in civil suit the plea of the defendant is a mere defence and in the given case it is an obvious defence...mere oral submissions dont prove the case, its a matter of evidence....the documentary evidence in particular.
dont expect any stay in this matter on this ground only...
