Bank of baroda financed commercial property while suit is pending in high court
mohan kumar
(Querist) 11 May 2014
This query is : Resolved
Please inform whether we can file Criminal case with CBI against Bank of Baroda as Bank has financed on property which is pending in High court
1- We have filed suit in Sub court in the year 1989 and obtained injunction. Suit given judgment in the year 2004 and 1/36 share prononunced.
2- Defendants filed appeal in High court. When the suit is pending in High court Bank of Baroda disbursed first instalment. We came to know about this.
3- We took injunction and informed about the same to Bank of Baroda. Wihtout taking into consideration Bank has financed and we were put into heavy loss.
Please inform whether we can file criminal case against Bank of Baroda with CBI. If so please inform under sections.
I intend to pay fee towards consultation.
mohan5158@yahoo.in
9441502493
ajay sethi
(Expert) 11 May 2014
what was nature of finance given by bank of baroda? bank ought not have given any loan against said property particularly so when it was aware that injunction had been granted restraining creation of third party rights in the property . it does appear that bank officers have acted in collusion to grant loan although they were fully aware that injunction had been granted restraining creation of third party rights in the property .
mohan kumar
(Querist) 11 May 2014
please inform whether criminal case can be filed against Bank of Baroda in Police station or with CBI
R.K Nanda
(Expert) 11 May 2014
state full facts.
mohan kumar
(Querist) 11 May 2014
Please inform whether we can file Criminal case with CBI against Bank of Baroda as Bank has financed on property which is pending in High court
1- We have filed suit in Sub court in the year 1989 and obtained injunction. Suit given judgment in the year 2004 and 1/36 share prononunced.
2- Defendants filed appeal in High court. When the suit is pending in High court Bank of Baroda disbursed first instalment. We came to know about this.
3- We took injunction and informed about the same to Bank of Baroda. Wihtout taking into consideration Bank has financed and we were put into heavy loss.
Please inform whether we can file criminal case against Bank of Baroda with CBI. If so please inform under sections.
I intend to pay fee towards consultation.
mohan5158@yahoo.in
9441502493
Sankaranarayanan
(Expert) 12 May 2014
First tell who availed the loan. If the bank given loan to them. Then it is look out of their problem. As per your statement the case is pending. You wait till the order.
Guest
(Expert) 12 May 2014
During the time of suit pending Any Transaction related to the property connected to the case would be treated invalid and it would not affect you .Serve a Notice to the Bank and proceed as per judgement.Consult a Senior Lawyer of your place.
R.K Nanda
(Expert) 12 May 2014
1.in which state bank is situated?
2.in which high court case is pending?
Biswanath Roy
(Expert) 12 May 2014
Without going through the case papers and documents related to I cannot say whether or not you can file criminal case against the Bank and investigation of alleged irregularities by the C.B.I. Because C.B.I. has some statutory jurisdiction although those are being regulated by the Code of Criminal Procedure.
Guest
(Expert) 12 May 2014
Nature of case, purpose of injunction order, injuction against whom, and the language of injunction order are quite necessary to be gone through for forming proper opinion on the issue raised by you.
K.K.Ganguly
(Expert) 12 May 2014
1. Inadequate information,
2. What was injucted by the Court?
3. Was there any injunction upon the Bank refraining it from financing any project scheduled on the said land/property?
4. More details are required to suggest properly.
T. Kalaiselvan, Advocate 
(Expert) 13 May 2014
You may answer the queries raised by many experts on the subject issue if you are really interested in getting proper opinion and correct guidance on the matter.
Dr J C Vashista
(Expert) 13 May 2014
Submit reply to the questions raised by experts, no opinion can be given on the incomplete informations posted hereinabove.
Surrender K Singal
(Expert) 14 May 2014
PSD and KKG may be considered before any further discussion
mohan kumar
(Querist) 14 May 2014
Sir,
We have filed suit for maintenance in the year 1977 and maintenance of Rs.500/- per month has been given as judgment for the immovable property valued at Rs.10 crores.
2- We have filed for partition after getting maintenance degree in the year 1989 and we have got injunction not to sell immovable properties. Partition suit is decreed in the year 2004.
Defendants filed appeal in High court.
defendants sold immovable properties while pending in High court.
3- At this juncture we have filed for injunction and informed the same to Bank of Baroda, Anantapur. Without caring for this Bank has given second disbursements.
4- The loan was availed by new purchaser with connivance of defendants through sale deed. The suit is pending in AP High court.
Manager Bank of Baroda has financed on the properties which are pending in High court
Please inform whether criminal case can be filed against Bank of Baroda with Police or with CBI. The case is pending in court for the last 36 years.
On the same lines State Bank of India, Anantapur also financed.
Purchasers of the properties are in hundreds and some of the purchasers are filing suit against me in High court also.
I have also informed this to Sub Registrar office and they are also registering without caring for the above information.
Please help and inform me whether we can file criminal case against Bank with Police or CBI
Surrender K Singal
(Expert) 14 May 2014
Decreed property could not be dealt with by non-entity and hence financier is acting on its own perils; Charge against the owner can not be created by others !
Guest
(Expert) 14 May 2014
There seems some missing links in your information. But you have still not clarified whether your portion of 1/36 has also been sold by the opposite party or not.
Even otherwise also, probably, you have been misdirecting the case yourself and have not been taking right course of action to tackle the real problem, possibly in the absence of proper guidance by your advocate.
Like-wise, if you go to police/CBI against Bank of Baroda, they would decline to entertain the case, as the bank has not done any criminal offence in financing the property. Moreover, as per your own description, the bank is financing the buyers against the property bought by them, not your opposite party. Even if you file a criminal case against the bank, your case would get flopped as injunction was not against the bank of Baroda to finance or not to finance any property or any party. The offence stands committed by the opposite party only, if he sold the property in spite of the injunction, not by the buyers. That is another thing that the financier or buyers are taking risk of buying a disputed property.
The question arises, when you got injunction for not selling the property, why you did not file a case of contempt of court against the opposite party when he sold the property in spite of the injunction?
In nutshell, it seems that your own advocate has not guided you properly in the case.
K.K.Ganguly
(Expert) 14 May 2014
1. No criminal case lies here,
2. However, when sale of the land was injuncted upon, it was not right on the part of the Bank to advance any amount after mortgaging the property by keeing its sale deed, whose sale has been injuncted by the Court. bank should have made Court search,
3. You said that the Defendant has sold the property when his appeal before the High Court was pending. So, if you get order in your favour from the High Court, the said sale becomes invalid & you can evict the new purchaser.
Surrender K Singal
(Expert) 25 May 2014
You may still venture to inform Bank's Head/Regional Offices about such risky financing by the branch manager;
R.K Nanda
(Expert) 25 May 2014
consult local lawyer.
R.K Nanda
(Expert) 25 May 2014
show all case papers to local lawyer to get proper legal advice as u want advice without opening ur full cards.
