LEELAWATI MISHRA Vs. PUNJAB NATIONAL BANK AND ORS.

JUDGEMENT

(1.) Seeking quashing of order dated 27.08.2014 in O.A. No. 184 of 2010, the present writ petition has been filed.

(2.) The brief facts of the case are that, the petitioner is the owner of land comprised in RS Plot No. 1076, Sub Plot No. 1076/C-3, appertaining to Khata No. 97, Revenue Thana No. 202 at Ratu Road, Ranchi. The petitioner entered into the agreement on 28.02.2004 with Vananchal Builders and Developers P. Ltd. for construction of multi storied building known as Leela Krishna Apartment. Under the agreement the petitioner became owner of 40% share in the project and she was allocated five flats in the first floor and three flats in the fourth floor. After the construction of the building, the petitioner was given possession of five flats in the first floor however, subsequently, it was found that flat No. 154 is in possession of one Sanjay Kumar. Similarly, all three flats on the 4th floor allocated to the petitioner were found in possession of different persons. The respondent No. 3-Developer impersonating the petitioner got a forged power of attorney executed in his name and sold the flats of petitioner's allocation. The sale deeds have also been executed by the respondent-Developer in the name of his own wife-respondent No. 2. The bank officers knowingly and deliberately sanctioned loan, in connivance with respondent Nos. 2 and 3 by accepting mortgage of the flats which under the development agreement are petitioner's allocation. After the petitioner was added a party in O.A. Case No. 184 of 2010, she filed an application seeking a direction upon the respondent No. 1-Bank to produce one Sri I.S. Bhattacharjee for his cross examination. However, the said application has been dismissed vide order dated 27.08.2014.

(3.) Heard the learned counsel for the parties.