#Supremecourt ORDER PASSED BY FRAUD BEING NULLITY/NONEST IN EYES OF LAW,MUST B RECALLED
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THE SCI has passed order DTD 5.12.2017 in CA 5150/17 by relying on blatant lies, misrepresentation and suppression of vital facts which disgraces the judicial authority, and belief of common Indian in judiciary, and should not be allowed to survive
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 13 long years by abuse of process of law on basis of vexatious, frivolous, illegal and non-maintainable pleas, concoction/ misrepresentation/suppression of vital facts, which in fact are punisghable offences under perjury and sec 209 of IPC. However the hnble court is also overriding the principles of public policy enumerated and envisaged by parliament of India by special enactment to support MSMEs from dilatory tactics of big corporation to delay and evade legitimate payment and avoid sickness n closures of MSMEs as per MSMED Act and speedy proceedings of ‘The Arbitration and Conciliation Act 1996’The hnble court has deprived law abiding citizen of sole income of 125 mnths for absolutely no fault of his. the laws of the land have been manipulated to cause severe injustice and favor a consistent law offender.
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 as per provisions of MSMED Act 2006, and has directed that legitimate wages partially 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 court has knowingly relied on concocted misrepresentation by Sr Counsel Dushyant Dave and Bank of India that possession of auctioned property whose maintenance charges while under custody of judicial process by DRT Pune, are 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.
now we have filed MA with Dno 22066, cured all defects in june 18, to recall the impugned order as being obtained by fraud, as per established principles that an order obtained by fraud is a nullity and can be recalled any time by any way , and before any court. however the same is being delayed and not being considered. the hnble registrar has disposed it and refused to regiser as being non maintainable. we have filed an appeal against order vide MA237/19 which is also rejected with noting the allegation of fraud.
the Bank has refused to pay even for the period of 15 months as per order dated 5.12.17 in CA5150/17 of Supreme court which Bank has obtained by fraud.When Supreme court has ordered recovery of Rs 1.21 crore after adjusting due payment to us for fifteen months, still the Bank is insisting that we should first pay Rs 1.21 crore and only thereafter Bank will pay us.We do not have any amount to pay as we have already spend the received amount in repaying loans. We are yet to pay large amount to creditors which Bank is aware. And because we are unable to pay therefore Bank has obtained arrest warrant as per Order 21 rule 38 of CPC against Managing Director who is a separate legal entity and limited by responsibility only to hand over properties of the company in his control. There's no provision in law to arrest a Decree Holder when Judgement debtor is seeking stay of execution Proceedings still the order is passed. Even Order 21 Rule 38 is specifically meant to arrest a Judgement Debtor, still warrants are being issued and reissued to harass, humiliate us. Canvassing contrary to orders of Supreme court is a contempt therefore we have filed Contempt Petition Dno 40378/19 on 9.11.19 but it is not listed till date. And since it is contempt of order obtained by fraud, therefore we have also prayed for recall of order for being obtained by fraud and damages as per Action per se.
We have been complaining continuously but things are pending n pending.
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 fresh fact finding without allowing opportunity to submit truth, that too by fraud, contrary to concurrently upheld by lower courts.
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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