TMI Blog2024 (11) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... B Bank'), (ii) The Head Recovery (DGM), CSB Bank, and (iii) The Branch Head, Asset Recovery Branch, CSB Ltd. alleging contravention of provisions of the Act. 2. The Informant has stated himself to be an uneducated man and that during the year 2004 he had been suffering from financial crisis and was approached by Mr. George Mathew, who had promised him to get loans from Bank of India and Union Bank of India. 3. It is stated in the information that the Informant had executed two sale deeds in respect of the property registered in the name of his wife viz. Mrs. Girija M P and himself, in favour of Mr. Mathew without receiving any consideration. These sale deeds were based on two separate agreements dated 10.03.2004 and 29.03.2004 with Mr. Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 234/2020 before the Hon'ble District Court, Ernakulum on 17.10.2020 and as per the order dated 05.11.2020, the Hon'ble Court was pleased to grant stay on evicting the Informant. The Informant further stated that a suit filed by him before Debt Recovery Tribunal in November 2020 is still pending. 8. On the other hand, the CSB Bank is also stated to have filed a petition under Section 34 of the SARFAESI Act in the year 2023. 9. The Informant stated that when a CSB bank official, came for taking physical possession, they managed to get 'Private Treaty' signed from Informant's son and wife viz. Mr. Sarin A S and Mrs. Girija M P respectively, by threatening to take the possession of the property. It is also asserted that the officials also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Informant's property were initiated by CSB Bank, purportedly leaving/sparing the other property belonging to Mr. Mathew pledged under the same loan account (allegedly sold by Mr. Mathew). As a result of such alleged fraudulent conduct, the Informant is compelled to part away with his property. 15. The Commission observes that there have been some financial arrangements between the Informant and Mr. Mathew due to which the Informant executed sale deed(s) of his property (registered in the name of Informant/Informant's wife) in favour of Mr. Mathew. Mr. Mathew appears to have used those sale deed(s) to secure further credit for himself/ his wife/ his firm from CSB Bank and defaulted in repayment due to which the mortgaged property of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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