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WE R UNABLE 2 SUSTAIN AND SURVIVE PAIN, MISERY & LOSS DUE TO FRAUD/INJUSTICE BY ORDER DTD 5.12.2017 in CA 5150/17 (RP777/18, WP (DNO) 16417/18) by Hnble Justice Kurian.
THE HONBLE Judge is knowingly ignoring true facts to deprive us, for no mistake of ours, our 140- month old legitimate income of 125 mnths without single complaint as per orders of a judicial process, DRT Pune, which has been ascertained by an award passed in special arbitral proceedings of MSMED Act 2006 meant for speedy trial, and concurrently upheld by all lower courts.
The honble judge is aiding a consistent law offender Bank of India, who has unnecessarily dragged the proceedings for 12 long years by abuse of process of law on basis of vexatious, frivolous, illegal and non-maintainable pleas, concoction/ misrepresentation/suppression of vital facts, and the Hnble Judge has violated various rules of law, and is overriding the principles of public policy enumerated and envisaged by parliament of India by special enactment of MSMED Act and speedy proceedings of ‘The Arbitration and Conciliation Act 1996’,to deprive law abiding citizen of sole income of 125 mnths.
The hnble judge set aside a partially executed award (dtd 19.9.2012 in petition 28/12 by MSMEDF Council Pune) passed in arbitral proceedings and has directed that legitimate wages delivered in administration to be returned back and the same may be recovered as per law from dead auction purchaser (when death certificate is on record of court) with whom there is no legally enforceable liability as per law. The Hnble judge has knowingly relyied on concocted misrepresentation by Sr Counsel Dushyant Dave and Bank of India that possession of property whose maintenance charges is being claimed was transferred to auction purchasers on 13.11.2006, whereas the property was never transferred to Auction Purchasers specifically on 13.11.2006 as there was active stay of court in MCA157/6 and obstruction by Police Department. It is on record that contempt proceedings were initiated by DRT Pune against Pune Police Commissioner, Asst Police commissioner, Police inspectors (Sahakarnagar) and police constables for obstructing transfer of possession to Auction Purchasers on and around 13.11.2006.
The true facts were brought before the hnble court in review petition, & recall petition (fraud as per Chengalvarya naidu & other) but both were listed before the same hnble judge who having passed the impugned order himself had preconceived intentions and therefore dismissed without hearing. We had specifically prayed that our recall petition, Dno 16417/18 (fraud as per Chengalvarya naidu & other) should not be submitted before same Hnble judges as they get easily carried away by misrepresentation of Senior Counsels. Whereas Hnble judge Mrs Bhanumati on her own passed an order not before this bench , but Hnble judge Kurian dismissed our recall petition (fraud as per Chengalvarya naidu & other) without hearing us on 22.10.2018.
The curative remedy before Supreme Court of India is allowed only after paying huge amount to Senior Counsels for a mandatory certificate, which we cannot afford therefore justice to poor citizens by way of curative is impeded. we have pursued the matter successfully amidst severe difficulties not by three lower courts as usual but six judicial authorities. And it is the supreme court who despite being last court in hierarchy has indulged in fact finding, that too by fraud,contrary to concurrently upheld by lower courts.
We have been complaining continuously but things are pending n pending. we have filed an application to recall with dno 22066 of 2018,  & cured all defects six months back, we have written several applications seeking early enlistment but things are not going well.

Now we are unable to sustain and survive further due to blockage of our sole income for survival after investing huge borrowed money for 125 months. we have so far surviving , now we are not able to maintain further expenses, even for dialysis and afraid that we may have to end up. please help. As responsible authorities in the system we beg you for mercy not by any concession, subsidy but our legitimate payment of hard sincere work as per law, and if you cannot we have no option but to kill ourselves.

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