Drt
BHARTI KOTHARI
(Querist) 08 June 2016
This query is : Resolved
Builder has constructed building and than in the basement illegally constructed shops which as per approved plan was parking. and then sell those shops to various purchaser by unregistered document in the year 1999. agreements are there. The new shop purchaser than got electricity bill, gumasta licence, sale tax etc about their posseession and than in the year 2006 the munacipality has demolished all shps being illegal. than in the year 2007 the builder has got loan of 2 cr on the basement shops when in fact there was not a single shop since all were demolished much before. conveyance of building was not done till today. now the bank has given notice under SARFASI act and got the order of the magistrate for taking possession of all basement shops aggainst borrower i.e. builder. now on the date of execution of order the shop purchaser were there and objected the executioon process contending that there is no shop and order says for taking possession of shop however officer entrusted with the work has locked entire basement saying that there are demolished shops and therefore he can lock whole basement. please advice
Guest
(Expert) 13 June 2016
Appeal in DRT , It is also case of banking fraud.
