Regarding drt chennai proceeding order
Nazeer Ahmed
(Querist) 16 February 2016
This query is : Resolved
I am defending my case against the MNC bank for cheating and frauding me along with the builder. The Bank was holding my flat after completion since 2007 and I had stopped the payment of EMI since 2010 as my request to close the account and was ready for the settlement of full amount as per the loan recall notice as well as sarfaesi notice was not entertained and the bank moved an OA for the recovery of the amount with interest during march 2012 and I am meticulously defending the case and I had filed an additional documents to strengthen my case and the bank was using the delaying tactics and today the matter came up for the argument. Instead of deciding the addmission of the documentary evidence the presiding officer had directed to deposit the entire OA amount in the loand account number and directed the bank to hand over the possession and the case was posted for a month. My query is a) Can if file an appeal against the proceeding order as this is the miscarriage of justice.
b) Can the amount be paid to the tribunal till the actual liability is determine.
c) If I clear the demanded OA amount then all private bank will bhave a precedent in cheating the borrower along with the builder. How to save it?
rajagopal.s
(Expert) 17 February 2016
Hi
You should file an appeal against the order as the PO seems like arbitrarily directed you to pay the outstanding amount and also the bank to handover possession which means the judge predecided the case without hearing any of your / bank's contention. You should appeal.
