Fraudently obtain decree from drt by bank in his favour.
Mohan Mandelia
(Querist) 01 March 2014
This query is : Resolved
Dear Sir,
If Bank surppressed high court order and falsely claim and obtain order in his favour from DRT Tribunal can we file application Cr P C 340 read with 195 against all concerning officer,
Wheater perjury is bared by any limitation Act.
As far as my knowledge sec 193 IPC punishnment is 7 years can be file before 7 years,
sec 468 Cr.P.C applicable or Sec 5 of limitation Act 1963 applicable pl advice,
Devajyoti Barman
(Expert) 01 March 2014
The time will be counted from date of knowledge. An order obtained through fraud is a non est from the very beginning. You can file a declaratory suit to declare it as null and void.
Rajendra K Goyal
(Expert) 02 March 2014
Contact a lawyer and show him all the papers / documents.
Nadeem Qureshi
(Expert) 02 March 2014
the decree obtained by fraud is void ab initio, file a suit for declaration as Mr. Barman advised
R.K Nanda
(Expert) 02 March 2014
NOTHING TO ADD MORE.
K.K.Ganguly
(Expert) 02 March 2014
1. Little more details of the matter can help the Experts to understand the problem better,
2. What was the High Court order which the Bank has suppressed to get favourable order from DRT?
3. Was the Bank aware of the said high Court Order?
4. If the Bank has suppressed the said order, why the opposite parties i.e. the Borrower, Guarantor/Mortgagor did not submit the said High Court order before the DRT?
5. The above information is required to properly deal with the matter.
prabhakar singh
(Expert) 02 March 2014
And that is why i preferred not to respond smarts.
V R SHROFF
(Expert) 02 March 2014
give details :
guesswork takes time..
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
Yes, expert Mr. Ganguly's questions to be answered first for rendering appropriate advises/opinion on the subject.
