THAT the order dated 5.12.17 in CA5150/17 is obtained by fraud.By suppression of order dtd 29.6.2007 of Debts Recovery Tribunal to Bank  directing Bank to pay update charges of Petitioner and take possession of the auctioned property which Bank did not obey or challenge.And  misrepresentation that possession of auctioned property was transferred to Auction Purchasers on 13.11.2006, whereas even as on date the possession is not transferred to Auction Purchasers despite auction Purchasers having paid total price of the Bid price in 2006.

Relying on misrepresentation & Suppression of facts  the liability of Bank to pay charges of petitioner was reduced from 123 months(8.5.2007 -8.8.2017) to 15 months (8.5.2007 to 8.8.2008) as per order dated 5.12.17 in CA5150/17. Almost 36 months have passed since the order, still  the Bank refused to pay even charges for 15 months in terms of order of Supreme court.Further Bank also tried to silence the claim by obtaining arrest & imprisonment of decree holder (Petitioner) order from District Judge Pune as per provisions of Order 21 Rule 38 of CPC which is clearly meant for arrest & imprisonment of Judgement Debtor for failure to redeposit the amount in variance to order of Supreme Court.

therefore we had filed CP423/20 against Bank for contempt, however the bench comprising of hnble judges Mishra, Gavai, & Murari dismissed it  CP423/20 on 28.7.20 as they did not find any grounds of Contempt.