Hello Experts !
I acquired an Industrial Land from a State Development Corporation in 2012 against full consideration and a proper Sale Deed was duly registered in my name and physical possession given / taken.All have been fine till 2019, when all of sudden a Public Sector Bank took Land"s possession with help of district administration and police help. My enquiry showed that the bank had a registered lease deed in its possession which was executed in 2007 by two employees of the the seller to a person who mortgaged such forged ( but efficiently fabricated with proper averments about land ) lease deed to bank and bank also gave him huge loan which became NPA and the Bank has taken possession under SARFAESI Act. Interestingly the Bank has also come to NCLT and an Resolution Professional of Bank"s choice is appointed who has sold the same land by auction and have taken 25% advance money from new buyer on the basis of that false and forged lease deed.I have moved NCLT and also the seller( the state development corporation ) moved NCLT declaring that the lease deed is a false and forged document.Current Status is I am holding a valid sale deed, whereas the bank has a false & forged lease deed and taken possession of my land.Civil court says - go to DRT or NCLT.Bank and its Resolution Professional says they has right document, so their actions are correct. The seller of the land confirms that it never executed the lease deed in 2007 but sold it in 2012 to me.The seller did not receive any consideration which is described in false lease deed.The Registrar office confirms that lease deed was executed in 2007 but its stamp duty was not paid ( a fraction of it was paid and balance was kept outstanding )The Registrar Office do not find the office records of the false lease deed and confirms in writing that office records are Missing and can not give any certified copy.Only Serial Records shows the records of registration. Matter is heard at NCLT, Dates are taken and given. I am a Loser. I am a Victim of Fraud.
01. Can a Bank and or its Resolution Professional further process the auction sale on the basis of a such false and forged lease deed when it has been brought to the notice of the NCLT by way of two formal Application by the original land owner and myself as a buyer.??
02. Need sugessations and counsel even at professional basis preferably from Kolkata or from any part of India as communications are no issue nowadays.
Since this is a reputed forum of professionals, I trust I would get advise and experts here. I do not seek any favour but seek true and expert professional on paid basis.
Thanks & Regards
Shanti Paul
Mail: shantipaul989@gmail.com
