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Order obtained with perjury from drt

Querist : Anonymous (Querist) 31 December 2024 This query is : Resolved 
A financial Institution (FI) conducted a public auction on 30-9-2019 for sale of 3 residential properties. I was declared successful bidder for one of property. For other two properties FI conducted another auction on 30-11-2019. FI has refused to hand me over the possession of property by saying that auction has been cancelled by Debt Recovery Tribunal (DRT). However as per order of DRT, auction dated 30-11-2019 has been cancelled rather than auction dt 30-9-2019. It is not a typing error otherwise FI could have gone for rectification so far. DRT’s order is just of 2 pages. Aggrieved by action of FI I filed a SA on 30-12-2019.
In the last 5 years matter has been fixed for hearing 23 times in last 5 years but hardly any effective hearing has taken place so far. In last 5 years FI has appeared before the Honourable Court just once. It is really frustrating that honourable Court could not find enough time to read just 2 page of DRT order dt 18-12-2019 in last 5 years. Early hearing request is also not working. Writ to High Court is not working since DRT is not having time. It is not that in last 5 years DRT has not heard /decided any matter but somehow my turn is not coming.
Although my auction has not been cancelled as per wordings of DRT. But what has been cancelled by DRT is also based on false and misleading evidence given in court and without impleading me.
I am worried that property might get sold before decision of DRT comes. Can some criminal action be taken against FI.
T. Kalaiselvan, Advocate (Expert) 01 January 2025
No criminal action would be maintainable especially when the matter is still pending before DRT for the last 5 years.
Your advocate should put pressure before the court to expedite the hearing the dispose the matter and to not to allow the opponent to drag the matter endlessly.
What is your advocate's opinion in this because this is practical issue for which no suggestion cane be made
Querist : Anonymous (Querist) 02 January 2025
Sir, I was told that civil and criminal cases can go together. I am looking for a better lawyer for Delhi DRT or a criminal Lawyer. Pl advise.
T. Kalaiselvan, Advocate (Expert) 02 January 2025
You can look for a lawyer of your choice from this forum or outside.
In your case the proposed criminal action against them is not maintainable especially at this stage.
P. Venu (Expert) 03 January 2025
High Court can issue direction to DRT for early disposal of the Court.


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