Ideminity Bond
Naresh
(Querist) 20 September 2015
This query is : Resolved
Can The Ideminity Bond Self Signed & Attested By Notary Be Challenged In Court .....
What is the procedure to challenge the same , as it is given to puda department to get the property transferred and further the same property was under stay in court , as dispute between buyer & seller and further the buyer won the case of specific performance and got decree executed. But now puda is demanding non construction charges for the litigation period against the same declarations in indemnity bond signed by the buyer !!!!!
Naresh
(Querist) 20 September 2015
The indemnity bond was signed by the buyer before the dispute started and got challenged in the trial court.The said bond is compulsory to sign for every body at the time of getting NOC from puda to purchase any property of puda.
Naresh
(Querist) 20 September 2015
Kindly guide in details about the procedure to be adopted to challenge the indemnity bond which is only notarised only and given to puda under the specific and mandatory conditions to be fulfilled by any purchaser to get NOC from the department for purchasing any property of puda and get the same transferred on the purchaser name .
Naresh
(Querist) 20 September 2015
Please Guide As Early As Possible, As The Further Course Of Action Has To Adopted By Tomorrow Before PUDA , Either The Demand Of Depositing The Charges Has To Be Met Or The Sane Demand Has To Be Challenged Under Some Specific And Bold Rules To Overtake That Indemnity Bond Signed & Given To PUDA Before The Litigation Period Started And Now After Seven Years The Same Has Been Taken Into Consideration By The Department For The Demand Of Non ConstructionCharges....
Naresh
(Querist) 20 September 2015
Awaiting !!!!!
Sudhir Kumar, Advocate
(Expert) 20 September 2015
please give facts of the case as to what is the bond and who/why has to challenge.
Kumar Doab
(Expert) 20 September 2015
The NOC won't be issued for a property against which a suit is filed and is a suit property.
You are short of time and may visit a lawyer well versed with cases pertaining to PUDA with all docs on record and discuss and give inputs in person, understand the merits and options.
Rajendra K Goyal
(Expert) 20 September 2015
Consult local lawyer and discuss in detail.
Naresh
(Querist) 20 September 2015
Purchased a plot in a PUDA colony in 2006, from a power of attorney holder.
Immidietally after paying some advance as per contract deed, applied for NOC from PUDA through seller/power of attorney holder, on my name and the seller/attorney holder deposited all the upto date dues with PUDA to get the same NOC/permission to sell on my Name.
In the mean time the power of attorney was cancelled by the original holder/owner of the plot.
Myself then contacted a lawyer and filed a suit for specific ferfirmance on the original owner of the plot and made attorney holder, PUDA as additional party/defendants. This all was done within the period of the advance deed made with the attorney holder, in 2006 only.
In 2011, the decree was passed in my favour for the said plot, as all the defends were declared ex party and the same decree was executed in the end of 2013, and I got the plot registry done on my name through court and the same was got transferred on my name in PUDA also in Jan 2014, without depositing any non construction fees for the litigation period from 2006 up to Jan 2014 and the letter of ownership was issued on my name, by the PUDA Department, in Jan 2014.
In feb 2015 I applied with PUDA department for NOC / permission to sell on third party name. But now PUDA department demanded non construction charges since from 2006 up to feb 2015, including interest and other late payment charges.
I appeared before the Estate Officer PUDA and represented my case along with the ownership letter on my name dated jan 2014, issued by the then Estate Officer,without charging any non construction charges during litigation period in court, as there was stay on plot for all the defendants including PUDA.
But the present estate officer is not convinced by me and after placing a hearing with me before the Chief administrator PUDA , highlighted one "Indemnity Bond" which was given by me to the department in 2006 at the time of applying for NOC on my name for the said plot. But this was given before the litigation stared with attorney holder and the original plot owner and also before the proceedings started in the court for the specific performance. This indemnity bond given by me was in their favour totally indemnifying the PUDA department against any charges/ damages to be paid to the department by me for all the times to come in future.
But this indemnity bond is only notarised and given as mandatory requirement by the PUDA department to issue the NOC on my name. Without this indemnity bond NOC cannot not be issued by PUDA on my name.
In this hearing now giving the total importance to this indemnity bond, Chief Administrator PUDA is going to order tomorrow for the final order to deposit all the dues of litigation period, thus by overtaking and cancelling the decision of the then estate officer in Jan 2014, who transferred the said plot on my name wavering all the charges of non construction during the litigation period.
After this all above what is the Remedy Left With Me To Get These Charges Waived Off For The litigation Period And Mature My Deal With the purchaser of this plot now, after getting the NOC from the PUDA department ?????
Awaiting For The Earliest Reply From All The Honourable & Respectable Experts On This Forum !!!!!
Naresh
(Querist) 20 September 2015
All Above Are The Total Facts Of The Plot In PUDA Colony And How I Got The Deal Matured Through Court And Now When I Sold The Same Plot And Applied For NOC From The PUDA Department ......, The Submissions Are As Above !!!!!!
Kindly Guide For The Proper Solution / Remedy To Be Availed And Get The NOC Without Paying Any Charges Of Non Construction To PUDA Department !!!!!
Regards !!!!!
R.K Nanda
(Expert) 20 September 2015
consult local lawyer.
Kumar Doab
(Expert) 20 September 2015
The PUDA issues NOC/NDC both.
If PUDA did not bring on record the Non Construction charges while issuing ownership then it might be deficient.
If the Non Construction charges were applicable from transfer of ownership to original title holder till the date of application of NOC original title holder for you then also PUDA is deficient.
Till the date of transfer of ownership in your name Non Construction charges if applicable are to be paid by previous owner and to be collected by PUDA.................and after the date of transfer of ownership in your name Non Construction charges if applicable are to be paid by you.
Consult an able lawyer.
Naresh
(Querist) 21 September 2015
Thanks Sir ..... For Your Fruitful Guidence !!!!!
Please give further Guidence about the indemnity bond given by me in 2006 before the litigation period, in which I indemnify PUDA about all the charges / damarages to be paid by me , as and when demanded by PUDA .....
At present the chief administrator and estate officer PUDA , both are taking stand against me to pay all the charges on behalf of this indemnity bond only.
Secondly, can I pay all the charges as demanded by PUDA under PROTEST and get the NOC and NDC both , to move further to get the things done in favour of the purchaser of the plot now, to whom I sold the plot ......
And further I challenge this in high court about this payment made under protest and challenge the idemnity bond signed by me .....
What Is Your Able Guidence About This To Me At Present, So That I Can Discuss The Things With Any Lawer Confidently And File The Writ Petition In Punjab & Harayana High Court , To Get My Money Back Which Myself Is Going To Pay Now Under Protest !!!!!
Very Much Regards To You Sir For Your Guidence Which Will Be Very Helpful To Me In This Case !!!!!
Naresh
(Querist) 21 September 2015
Thanks Sir ..... For Your Fruitful Guidence !!!!!
Please give further Guidence about the indemnity bond given by me in 2006 before the litigation period, in which I indemnify PUDA about all the charges / damarages to be paid by me , as and when demanded by PUDA .....
At present the chief administrator and estate officer PUDA , both are taking stand against me to pay all the charges on behalf of this indemnity bond only.
Secondly, can I pay all the charges as demanded by PUDA under PROTEST and get the NOC and NDC both , to move further to get the things done in favour of the purchaser of the plot now, to whom I sold the plot ......
And further I challenge this in high court about this payment made under protest and challenge the idemnity bond signed by me .....
What Is Your Able Guidence About This To Me At Present, So That I Can Discuss The Things With Any Lawer Confidently And File The Writ Petition In Punjab & Harayana High Court , To Get My Money Back Which Myself Is Going To Pay Now Under Protest !!!!!
Very Much Regards To You Sir For Your Guidence Which Will Be Very Helpful To Me In This Case !!!!!
Naresh
(Querist) 21 September 2015
Awaiting For The Earliest Reply & This Will Be Highly Appreciable By Me , As I Have To Move Further Today Positively By Taking Any Bold And Right Decision !!!!!
Naresh
(Querist) 21 September 2015
Awaiting For The Reply Of Sh. Kumar Doab Sir !!!!!
Naresh
(Querist) 21 September 2015
Dear All Experts .....
Kindly Pass On Your Valuable Advices To Support Me For The Right Direction Please !!!!!
