Property given as security for bail is sold without court's knowledge
n v subba rao
(Querist) 23 April 2016
This query is : Resolved
Hi,
In the current case, we are the plaintiff. We won the Sec 138 of NI act case both in the trial court and sessions court. HC gave conditional bail and ordered to furnish immovable property as security along with some cash.
The Defendant provided third party immovable property as security.
The defendant is still on bail.
But the third party security was sold by the owners, few months back.
Now what are the options before us? Can we report this to the trial court where security was furnished or to the HC which granted bail or to both?
How do we report?
What are all the possible actions court might take?
Our advocate never come across this situation. Hence you help is really appreciated.
Thanks
Devajyoti Barman
(Expert) 25 April 2016
You have to file application for cancellation of bail in the high courton the ground of non compliance of bail condition.
Rajendra K Goyal
(Expert) 25 April 2016
What is the opinion of your lawyer?
File application for cancellation of the bail.
n v subba rao
(Querist) 25 April 2016
Thanks a lot!!!
Our lawyer thinks we should file a petition first in the trial court where the surety was given.
Thanks again.
Dr J C Vashista
(Expert) 27 April 2016
In a complaint case u/s 138 NI Act, you cannot be plaintiff and opposite as defendant, isn't it?
Bail order do not specify type of property to be submitted in surety bond as stated by you.
Presuming the property (under surety) has been sold without permission of the court where endorsement on Original title documents is made by the Court, the sale transaction cannot be registered.
What is the opinion of your tutor/lawyer for present academic query?
Ms.Usha Kapoor
(Expert) 03 July 2018
Agree with DJBarman and RK Goyal.
