Fraud in civil proceedings and criminal conspiracy
Divya
(Querist) 09 February 2013
This query is : Resolved
Dear Experts
Need your strong advice and suggestions on this query. I have resent the query with certain changes.
A leading multinational bank is playing a fraud with arbitration proceedings. Award copy is either sent to fake addresses (proof of fake address is given on postal receipt by bank) or award is silent when and to whom copy is dispatched (no postal receipt attached by bank).
The bank directly comes to the executing court and files false affidavits before District Judge that award copy is duly served hence execution proceedings maintainable. Also they are filing false affidavits before the court about property ownership against whom the execution proceedings are filed.
These execution proceedings are void and also the bank is fooling the court by filing false affidavits about fraud award & property ownership.
The concern is that my family was a victim and hence I have already started some strong actions against the bank. But there are atleast 150 other people who have been suffering the same fate and they are not fully aware of the fraud and even the advocates hired by them and by me are not aware that the execution proceedings are void in such cases.
What steps can I take in such place…
1. Can I use RTI to check all other 150 proceedings legally and proceed &/or
2. Do I need to file a police complaint against bank for criminal conspiracy and cheating and ask police to verify all these execution proceedings &/or
3. Do I need to move certain applications before the judges to apprise them
The biggest drawback is that I don’t have any lawyer’s support who will assist me and support me to bring out the bank fraud, hence I am seeking the support of this form to show me some concrete path.
Thankyou
ajay sethi
(Expert) 09 February 2013
it is difficult to belive that leading MNC bank will stoop to such a level . if you have been a victim you have rightly taken action against the bank . filed police complaint
if others have been defrauded let them take action if they so desire . you cnanot check 150 other proceedings .
Sudhir Kumar, Advocate
(Expert) 09 February 2013
first let the execution proceedings be dismissed on the ground of fraud and then consider criminal action. At this time do not shift your energy. Further once criminal case is filed the affected parties will have a personal motive to ensure that you lose execution case. They are bound to wake up for effective presentation of the execution prayer.
Ramesh
(Expert) 09 February 2013
The information furnished is inadequate to give an opinion. If there is a dispute in respect of the service of the award it can be considered by the executing court. but simply saying 'fraud' will not serve the purpose. It is true that all proceedings based on fraud are not maintainable but it is not the case till the fraud is proved by a competent court of law. You can challenge the award if you feel it is obtained in a fraudulent manner.
