alleged that the bank and promoters of
the principal borrower played fraud and obtained decree in the
DRT. It was submitted that the fraud played ... Order 7 Rule 11
CPC by observing that the issue of either fraud or impersonation
or whether mortgage created by the Guarantor, vendor
purchaser "pendete-lite".
(b) The Bank has not played fraud. It cannot be imagined that the Bank itself played fraud.
Learned Senior Counsel ... other date(s), made the following submissions:
(a) The plaintiff having alleged fraud played by the parties before the DRT and the Recovery Officer
provisions of the Act
merely by a stray reference to allegation of fraud or, as in the case
under consideration, therein, by an averment ... systematic fraud".
CRA 29 of 2011.odt
17
2.2. In Sagar Pramod Deshmukh (supra) the plaintiffs had
filed a suit for declaration, partition, separate
alleged case of the
plaintiffs on the so called allegations of fraud. Notice of Motions as filed
by the bank and as decided ... between
the officers of bank and Orbit, which supports a case of fraud as pleaded
by the plaintiff and falling within the exception as culled
giving the said
undertakings, the respondents had not only played a fraud upon the
petitioner-Bank, but also upon this Court.
CONT ... fails to honour the undertaking, he plays a serious fraud on
the Court, thereby obstructing the course of justice and
bringing into disrepute the judicial
objection. The DRT held that the
alleged agreement for sale was a fraud and it was in
collusion between respondent Nos.4 and 1. Respondent ... schedule property. Thus, he
knew that respondent No.4 had played fraud on the
bank and had entered into the agreement for sale
alleged case of the
plaintiffs on the so called allegations of fraud. Notice of Motions as filed
by the bank and as decided ... between
the officers of bank and Orbit, which supports a case of fraud as pleaded
by the plaintiff and falling within the exception as culled
plaintiff.
8.5.It is the further case of the plaintiff that fraud has been played as if
the Shri L.Srikantiah deposited the title ... legal
provisions as applicable, therefore, he submitted that there is no fraud has been
committed as contended by the plaintiff in selling the property
filed her
objections in respect of the said Notice, stating therein that fraud has
been committed by officials of the defendant no.5 Bank ... relied upon various judgments
to contend that, in view of the fraud committed by officials of the
defendant no.5 Bank in collusion with
plaintiff thereafter made enquiry and could come
to learn that some fraud has been committed by forging the signatures of the
plaintiff in obtaining ... that view of that matter, on the allegation that a fraud has
been committed by forging the signatures of the plaintiff in obtaining a loan
