Sirs/Madam
Highest Bidder purchased Flat from Bank in public auction sold in SARFAESI Act
Later on Highest Bidder found that there was stay order of Consumer Court thereon
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Hence Highest Bidder stopped paying Bank balance auction 85% amount and asked Bank to first vacate the stay order
But Bank threatened to cancel the auction-sale-letter if not paid within 15 days
Hence Highest Bidder field RCS before CJJD
Bank filed Reply and admited that Highest Bidder stopped paying further installments and also the Bank is unable to sell Flat due to Stay Order (Statement No.1 of Bank)
Highest Bidder then also filed Complaint u/s.420 of IPC before JMFC for selling him Flat without disclosing truth of stay-order of Consumer Court
Bank filed Reply before JMFC and said that due to Stay Order Bank stopped selling Flat to the Highest Bidder and hence being aggrived by such act of the Bank the Highest Bidder filed this Complaint. (Statement No.2 of Bank)
In the meanwhile, the RCS was declined for jurisdiction
And the Highest Bidder filed Appeal Misc Civil Appeal before District Court which is pending
Bank again admitted in Appeal (MCA) before District Court that Bank reiterates its sale-confirmation-letter which was recevied by POA of the Highest Bidder. (Statement No.3 of Bank)
In other related case filed by original borrower before DRT, the Bank filed Reply and said therein that because the sale-auction was conducted by POA of the Highest Bidder without giving proper copy thereof, hence the said sale is not valid and hence Bank refused to take balance auction amount from the said Highest Bidder. (Statement No.4 of Bank)
In DRT Bank stated that because somebody trespass into the Flat hence the Bank cannot accept auction amount from Highest Bidder because the Highest Bidder is asking for peaceful possession of Flat against payment of auction amount (Statement No.5 of Bank)
In Appeal before District Court, the Highest bidder tendered the blank cheque but Bank refused to accept by raising point of jurisdiction of District Court by saying that Bank cannot accept auction amount from the said Highest Bidder because the Civil Court has no jurisdiction and the Bank has not mentioned truth of “trespass in Flat” before the District Court . (Statement No.6 of Bank)
After 06 months the Bank filed application in District Court in MCA and prayed to put on records that the Bank cannot accept auction amount from the Highest Bidder because the Highest Bidder is asking peaceful possession of Flat against payment of auction amount (Statement No.7 of Bank)
Thus, the Bank is making contradictory statements mainly in different Courts and when the Highest bidder pointed it out to Court, Court took no action and the Advocate of the Bank said we are big company having hundreds of Advocates and the bank is changing officers and hence such minor mistakes happen and the Advocate laughed at the Highest bidder
The Fact is that the price of the Flat increased sharply and the secretary of the scoiety where Flat is situated and the Recovery Officer of Bank both are brother and have muscle power, too
Cases are pending since 04 years while the Highest bidder tendered the blank cheque but Bank refused to accept by raising point of jurisdiction of District Court
Hence it is request that
Tell how Highest bidder can approach High Court and pray the High Court to stop the Bank to not make contradictory statements in different Courts and also their Advocates must be warned to indulge in such activities
Guide
HARIOM
HARIOM
