Brief facts of the case are a leading bank files void, fraudulent and non-est execution proceedings arising out of a fraud award. Bank succeeds in taking 1st ex-party order of attachment after which third parties appear as obstructionists and take a stay....though there is a stay of order for attachment of movables, suddenly after 2.5 years, due to some reason, none of the parties except the bank appear for a hearing in December 2013 and again file fresh applications for attachment and succeed. Despite matter being taken on board for removing warrant and stay of 2nd warrant on several lawful grounds, court supports banks’ act but on the day when bank comes for seizing movables in January on day of 20th, i as an obstructionist am forced to deposit 2 lakhs before the court to get the banks’ acts stopped urgently. I had filed several application u/s 151 of cpc to nullify 2nd warrant dated december month all ignored by court, but i am appearing as in-person and due to complexity of case, none of the advocates r supportingmuch here due to fraud & conspiracy of bigger departments & authorities involved. Since 20th January, on each date, that order of stay of warrant is only being extended with no extra condition of payment.
My biggest doubt is now the matter has been transferred to a new court & judge & very high probability that bank may pressurize for paying a big amount for that attachment warrant. Hence i am stuck with 2 doubts....
Should i file a review petition before the same sessions court to review the incorrect order passed in December for attaching movables & alongside put the order of 20th January of stay warrant for movables seizure also for a review since this warrant has to be cancelled by court and order dated 20th January was not correct if the warrant itself is illegally obtained by doing fraud on the court.
Or
Do i file appeal against the latest order where the court has extended the order dated 20th January for another date.
Please advise experts on the best course of action considering aspects of limitation
