PETITION UNDER SECTION 9 OF THE ARBITRATION AND

CONCILIATION ACT, 1996 FILED BEFORE HON’BLE HIGH

COURT SEEKING URGENT INTERIM ORDERS ON
ACCOUNT OF A DISPUTE ARISING OUT OF LOAN
AGREEMENT EXECUTED BETWEEN THE PURCHASER OF
A RESIDENTIAL PROPERTY AND THE BANK GRANTING
LOAN TO THE PURCHASER.

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

INDEX-COMBINED
INDEX -I
S.NO. PARTICULARS PAGE NO.
1. INDEX PART-I
2. URGENT APPLICATION
3. COURT FEES
4. MEMO OF PARTIES
5. SEQUENCE OF EVENTS AND LIST OF DATES
6. PETITION UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT, 1996
SEEKING URGENT INTERIM MEASURES WITH
SUPPORTING AFFIDAVIT.

PETITIONER

THROUGH

( )
 ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

INDEX-II (I.A.)

1. INDEX-PART-II

2. APPLICATION UNDER SECTION 151 CPC FOR

EXEMPTION WITH SUPPORTING AFFIDAVIT

PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
 IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

INDEX-III (VAKALATNAMA)

1. INDEX-PART-III

2. VAKALATNAMA AND BOARD RESOLUTION

PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
 IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

INDEX-IV (DOCUMENTS)

1. INDEX-PART-IV
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

PETITIONER

THROUGH
 ( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

INDEX-COMBINED
INDEX -I
S.NO. PARTICULARS PAGE NO.
1. INDEX PART-I
2. URGENT APPLICATION
3. COURT FEES
4. MEMO OF PARTIES
5. SEQUENCE OF EVENTS AND LIST OF DATES
6. PETITION UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT, 1996
SEEKING URGENT INTERIM MEASURES WITH
SUPPORTING AFFIDAVIT.

INDEX-II (I.A.)

7. INDEX-PART-II
8. APPLICATION UNDER SECTION 151 CPC FOR
EXEMPTION WITH SUPPORTING AFFIDAVIT

INDEX-III (VAKALATNAMA)
 9. INDEX-PART-III

10. VAKALATNAMA AND BOARD RESOLUTION

INDEX-IV (DOCUMENTS)

11. INDEX-PART-IV
12.
13.
14. 58-59
15.
16.
17.
18.
19.
20.
21.
22.

PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
 IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

To

The Deputy Registrar,

_____ High Court,
_____.

URGENT APPLICATION

Sir,

Will you kindly treat the accompanying Petition as urgent one in

accordance with the High Court Rules and Orders.

The ground of urgency are :-

“Interim Orders have been prayed for”

PETITIONER

THROUGH

( )
 ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

MEMO OF PARTIES

____________________
Having its Registered Office at
_______________
_______________
Through its Director
Mr. _______________ ….Petitioner

Versus

____________________Bank
having its Registered Office at
_______________
_______________
AND
also having its concerned Branch Office at
____________________
Home Finance Division, _______________
_______________
_______________,
_______________ through its
Authorised Officer
Mr. _______________
…. Respondent
 PETITIONER
THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
SEQUENCE OF EVENTS AND LIST OF DATES

December M/s __________________ had through a broker Mr. _____

2012 approached the Petitioner (who is the Director of M/s
________________) to purchase a “Residential Apartment” in
the “________________”. That the Petitioner thereafter visited
the office of M/s __________________ when he was told that
the Completion Certificate in Statutory Form BR-V in respect
of the building had already been issued by the Architect on
________, and the Commissioner Municipal Corporation
________ have also vide Office Memo No. ________________
dated ________________,, granted No Objection Certificate for
occupation of the Buildings in which the said “Residential
Apartment” is situated.
M/s __________________ also told to the Petitioner that the
Respondent will finance loan for the said Apartment as per
eligibility criteria of the Petitioner.
That thereafter one Mr. _____, _____, the Representative of the
Respondent No.2 approached the Petitioner & represented,
assured and promised that once the Petitioner has booked the
Apartment with the Respondent No.1, the Sanctioned Loan
Amount shall be released by the Respondent No.2 to the
Respondent No.1 only after the performance of the following
conditions:- 
a) The Petitioner having made the payment of total
Sales Consideration minus Sanctioned Loan
 Amount from its own contribution to the
Respondent No.1.
b) The confirmation of allotment of the “Residential
Apartment” by the Respondent No.1 in favour of
the Petitioner.
c)        The Apartment Buyer’s Agreement in respect of
the said “Residential Apartment” (which is a title
document of the said “Residential Apartment”) is
executed by the Respondent No.1 with the
Petitioner.
d) The said “Residential Apartment” Buyer’s Agreement is
deposited as equitable mortgage with the Respondent
No.2 by way of Security against release of Sanctioned
Loan Amount of the “Residential Apartment” by the
Respondent No.2 to the Respondent No.1 on behalf of
the Petitioner.
That believing & relying upon the same, the That the Petitioner
submitted to the Respondent No.1, an Application Form and
also made a payment of Rs._____/- (Rupees _____ only) to the
Respondent No.1 towards the booking amount vide post dated
Cheque No._____ dated _____ drawn on _____ _____, _____.
________ That thereafter the Respondent No. 1 issued a “Provisional
Letter of Allotment dated _____”, provisionally allotting to the
Petitioner, “Residential Apartment " known as Apartment
No._____, admeasuring _____ sq.ft. in _____, _____ at ‘_____’
“Residential Apartment” Complex, _____, _____,
________________, _____ (hereinafter referred to as the “said
Apartment” for a total Basic Sale Price (inclusive of EDC/IDC
& Car Parking) of Rs.______/- plus a further amount of
Rs.______/- towards payment of IBMS plus bulk electricity
charges and other charges as applicable at the time of
possession of the said “Residential Apartment” which was
payable under an Interest Free Instalment Plan attached with the
Provisional Letter of Allotment dated _____. That while
splitting the Total Sales Consideration of Rs.______/-
Plus Bulk Electricity and other charges in the Provisional Letter
 of Allotment dated _____, the Respondent No.1 with an intent
to cheat and extort extra money from the Petitioner committed a
calculation error / mistake of Rs.______ and have shown total
Sales Consideration as Rs.______ instead of Rs.______/-.
________ Mr. ________, DSA, the Representative of the Respondent
visited the office of the Petitioner & informed the Petitioner that
a loan of Rs.________ crores have been sanctioned by the
Respondent vide Letter Ref. No. ________ dated ________
subject to various terms and conditions mentioned in the said
Sanction Letter dated ________. He had in good faith got
signed from the Petitioner, the said Sanction Letter dated
________ & Blank Bank Loan Agreement (which was later
on dated ________ by the Respondent), with blank columns
and various other connected blank loan documents. He also got
signed from the Petitioner a Blank Tripartite Agreement
(which was later on dated ________ by the Respondent), with
blank columns executed between M/s __________________,
the Respondent & the Petitioner. The Petitioner requested and
made it clear to the representative of the Respondent that after
the blank columns are filled-in in the blank document of the
Loan Agreement and in the blank Tripartite Agreement after the
execution of the Apartment Buyer’s Agreement by M/s
__________________ with the Petitioner, the Respondent shall
provide copies of the same to the Petitioner. The representative
of the Respondent, represented, assured and promised to the
Petitioner that the loan will be released by the Respondent to
M/s. __________________ only after the performance of the
following conditions:- 
a) The Petitioner having made the payment of
total Sales Consideration minus Sanctioned
Loan Amount from its own contribution to
M/s __________________
b) The confirmation of allotment of the
“Residential Apartment” by M/s
__________________ in favour of
the Petitioner.
 c)        The Apartment Buyer’s Agreement in
respect of the said “Residential Apartment”
(which is a title document of the said
“Residential Apartment”) is executed by
M/s __________________ with the
Petitioner.
d) The said “Residential Apartment” Buyer’s
Agreement is deposited as equitable
mortgage with the Respondent by way of
Security against release of Sanctioned
Loan Amount of the “Residential
Apartment” by the Respondent to M/s
__________________ on behalf of
the Petitioner.
It is submitted that the Sanction Letter dated ________, the
Loan Agreement dated ________ and the Tripartite
Agreement dated ________ are Contingent and Conditional
Contracts which are operative only Contingent to the
fulfillment of the conditions mentioned in the Loan
Agreement dated ________ and the Tripartite Agreement
dated ________.
31.03.____ That contrary to the representations, assurances & promises of
____ the Respondent, the Respondent in connivance and conspiracy
with M/s __________________ unauthorisedly illegally and
fraudulently disbursed an amount of Rs.________/- to M/s
__________________  on ________ without even waiting for
the confirmation of the allotment of the said “Residential
Apartment” by M/s __________________ in favour of the
Petitioner& without even waiting for the execution of the
Apartment Buyers Agreement by M/s __________________
with the Petitioner(which was a precondition of the Provisional
Letter of Allotment dated ________), and without even taking
the custody of the Apartment Buyer’s Agreement by way of
Security for the Loan disbursement which was also a pre
condition of Clause No.__ and Clause No.__ of the Sanction
Letter dated ________, and also a pre condition of Article
 No.__ of the Loan Agreement dated ________ and also a pre
condition of Clause No.__ and Clause No.__ of the Tripartite
Agreement dated ________.
The Petitioner came to know of this only vide email dated
________ of the Respondent written to the Petitioner.
________ M/s __________________ sent a letter dated ________ to the
Petitioner demanding from the Petitioner the payment due till
________ amounting to Rs.________, instead of the due
demand of Rs.________/-. M/s __________________ issued an
erroneous Demand Letter to the Petitioner obviously with an
intent to cheat and extort extra / excess amount of Rs.________.
________ M/s __________________ sent a very shocking and surprising
Final erroneous Demand Letter dated ________ to the Petitioner
to extort from the Petitioner an excess amount of Rs.________/-
(i.e. Rs.________/- - Rs.________/-), by demanding balance
sales consideration of Rs.________/- as against the balance due
sales consideration of Rs. ________/- (i.e. excess amount of
Rs.________/-) within a period of __days from the date of the
letter i.e. by ________.
18.5.____ That the Petitioner thereafter vide Letter dated ________
____ requested M/s __________________ to provide to the
Petitioner clarifications/ certification/documents relating to the
illegal excess demand of Rs.________/-. That M/s
__________________ did not respond to the Letter dated
________ of the Petitioner.
________ The Petitioner filed a Suit for Declaration & Permanent
Injunction dated ________ against M/s __________________
before the Ld. Trial Court being Civil Suit No.________ of
________ in which a Stay Order dated ________ was granted
by the Ld. ACJM ________.
That in the above Civil Suit, an Application under section 5 and
section 8 of the Arbitration and Conciliation Act was filed by
M/s __________________ which was dismissed by the Ld.
Civil Judge, ________ vide order dated _________.
Against the aforesaid Order dated _________, a Civil Revision
No.____ of ____ dated _____ was filed by M/s
__________________ before the Hon’ble _____ and _____
 High Court and vide Order dated ______, the matter was
referred for adjudication to the Sole Arbitrator Shri ________
Hon’ble Justice (Retd.) of _____ High Court & the Arbitration
proceedings are pending before the Hon’ble Arbitration
Tribunal.
The Petitioner requested the Respondent to provide to the
Petitioner, the title documents relied upon by the Respondent to
disburse Loan Amount to M/s __________________ but the
Respondent did not provide the same to the Petitioner.
________ The Petitioner sent a letter dated ____________, informing the
____ Respondent that the Respondent have illegally, unauthorisedly
and fraudulently disbursed an amount of Rs.________/- to M/s
__________________ on behalf of the Petitioner without the
consent of the Petitioner and without the Security of Apartment
Buyer’s Agreement, and without waiting for the Petitioner to
discharge its obligation of payment of Rs.________ to the
Respondent from its own sources. The Petitioner also informed
that against the said fraudulently disbursed amount of
Rs.________/-, the Respondent have already extorted an
amount of Rs.________/- from the Petitioner from April,
________ to August ____ under the garb of EMI, through the
fraudulently obtained ECS Forms and hence the Petitioner is
willing to refund the net amount of Rs.________/- (i.e.
Rs.________/- –Rs.________/-), to the Respondent on receiving
a written confirmation from the Respondent.
The Petitioner was left with no other option but to file a Suit for
Permanent Injunction against the Respondent, being Civil Suit
No.________ of ____.
That in the aforesaid Suit, the Respondent filed its Written
Statement and besides other documents, the Respondent filed a
document known as “Loan Agreement” dated ____________.
That after examining the said “Loan Agreement” dated
____________, the Petitioner was shocked & surprised to note
that the blank loan document containing blank columns got
signed by the Representative of the Respondent on ________
was forged and fabricated by the Respondent by filling the
blank columns with false entries/insertions which are far from
the actual facts and which are contrary to the terms and
conditions of the Sanction Letter dated ________.
Arbitration Proceedings commenced before the Sole Arbitrator
Shri ________ Hon’ble Justice (Retd.) of _____ High Court. In
the said Arbitration Proceedings the Petitioner filed its
Statement of Claim dated _________ and M/s
__________________ on _________ filed its Written
Statement dated ____________. On a detailed examination of
the said Tripartite Agreement dated _________, the Petitioner
was shocked & surprised to learn that even the said Tripartite
Agreement dated _________ was got signed blank from the
Petitioner in good faith by the Respondent, in connivance with
M/s. __________________ fraudulently with blank entries
which are far from actual facts and are contrary to the terms and
condition to the Sanction Letter dated ________ and Loan
Sanction dated ________.
That on examination of various terms and conditions of the
Loan Agreement dated ________ and the Tripartite Agreement
dated ________ vis a vis the terms and conditions of the
Sanction Letter dated ________, the Petitioner realised that both
the Loan Agreement dated ________ and Tripartite Agreement
dated ________ are false, forged and fabricated documents. The
Petitioner realised that he became a victim of the fraud, forgery
and cheating committed by the Respondent alongwith M/s
__________________ in connivance with each other under a
deep rooted conspiracy hatched by the Respondent & M/s
__________________ with a view to cause wrongful loss to the
Petitioner and wrongful gain to the Respondent & M/s
__________________ in the month of March ________.
The Petitioner, served a Legal Notice dated ______ on the
Respondent and M/s __________________, and invoked
Clause No.____ of the Loan Agreement dated ________
entered between the Respondent and the Petitioner, and in the
said Legal Notice, the Petitioner proposed the name of Mr.
________, Hon’ble Justice (Retired), _____ High Court,
 resident of __________________________.
Hence this OMP Petition.

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. ______ OF _____

IN THE MATTER OF:-

M/s____________________
Having its registered office at
_______________
_______________
Through its Director
Mr. _______________ ….Petitioner

Versus

____________________Bank
having its Registered Office at
_______ _______,
_______________

AND
also having its concerned Branch Office at
____________________
Home Finance Division, _______________
_______________
_______________,
_______________ through its
Authorised Officer
Mr. _______________ Respondent

PETITION UNDER SECTION 9 OF THE ARBITRATION AND

CONCILIATION ACT, 1996 SEEKING URGENT INTERIM
MEASURES

1. Provision under which the Application under Section 9 of the

application is filed Arbitration and Conciliation Act
1996 as amended from time to time
2. Name of the applicant with M/s. _______, having its registered
 address office at _______________
_______________ through its
Director Mr. _____________
3. Name of the other parties to ____________________Bank
the Arbitration Agreement having its registered office at
with complete Address _______________
_______________
AND
also having its concerned Branch
Office at
____________________
Home Finance Division,
_______________
_______________
_______________,
_______________ through its
Authorised Officer
Mr. _______________
4. Name and address of That vide Notice dated
Arbitrator _____________, the Petitioner
proposed to the Respondent the
Name of Mr. _______, Hon’ble
Justice (Retired), ___ High Court ,
resident of _______ ______ to be
appointed as a Sole Arbitrator in
terms of clause ___ of the Loan
Agreement dated __________.
5. Name and address of Person As stipulated in Clause No.___ of
or Institution if any, to the Loan Agreement dated
whom any Function has _______, any and all claims and
been entrusted by the parties disputes arising out of or in
to the Arbitration connection with this Agreement or
Agreement under its performance shall be settled by
appointment procedure arbitration by a single Arbitrator to
agreed upon by them. be appointed by the Bank. The
venue of arbitration shall be in
 either _______ or _______ or ___
or ___ or at the Concerned Branch
at the sole discretion of the Bank.
The arbitration shall be conducted
under the provisions of the
Arbitration and Conciliation Act,
1996 or any statutory modification
or re-enactment thereof for the
time being in force and the award
of such Arbitrator shall be final
and binding upon the Parties
hereto.
6. Qualification required if any As stipulated in Clause No.___ of
of the Arbitration by the the Loan Agreement dated
agreement of Parties __________, any and all claims
and disputes arising out of or in
connection with this Agreement or
its performance shall be settled by
arbitration by a single Arbitrator to
be appointed by the Bank. The
venue of arbitration shall be in
either _______ or ___ or ___ or
___ or at the Concerned Branch at
the sole discretion of the Bank.
The arbitration shall be conducted
under the provisions of the
Arbitration and Conciliation Act,
1996 or any statutory modification
or re-enactment thereof for the
time being in force and the award
of such Arbitrator shall be final
and binding upon the Parties
hereto.
A BRIEF FACTUAL NARRATION DESCRIBING THE GENERAL
NATURE OF THE DISPUTE/ DIFFERENCE AND THE POINTS AT
ISSUES ARE GIVEN HEREUNDER:-

7.(a) That the Petitioner is a Pvt. Ltd Company registered under the
provisions of the Companies Act., 1956 having its registered office
at _______, (hereinafter referred to as “the Petitioner”), and the
Petitioner is represented by its Director Mr. _______________ S/o
Mr. _______.
(b) That the Respondent is a Bank registered under the provisions of the
Companies Act, 1956 having its registered office at
____________________, ______________________________ and
also having its concerned Branch Office at ____________________
Home Finance Division, _____________________________,
_______________. The Respondent is represented by its Authorised
Officer Mr. _______________.
(c) That in the month of _______, M/s _______ had through a broker
Mr. _______ approached Mr. _______________ (who is the
Director of M/s _______) to purchase a “Residential Apartment” in
the “_______ Residential Apartment Complex”. That the Petitioner
thereafter visited the office of M/s _______ on _______ to enquire
more about the said “_______ Residential Apartment Complex”.
That during the visit of the Petitioner in the office of M/s _______,
the Petitioner met Mr. _______ ___ and Mr. ___ both Senior
Officers of M/s _______, and it was assured and represented by
them to the Petitioner that the Completion Certificate of the
buildings known as “_______ Residential Apartment Complex”
which consisted of about ___ Apartments have already been granted
by the Architect in ___, and it was further assured and represented to
the Petitioner that M/s _______ have already submitted to the
Director Town and Country Planning, _______, a formal
Application for issuance of Occupation Certificate as per the Rules.
It was also assured and represented by M/s _______ to the Petitioner
that the Commissioner Municipal Corporation _______, have
already issued No Objection Certificate for Occupation of the
“_______ Residential Apartment Complex” in the month of
_______. It was assured that the Super Area of the said Residential
 Apartment at the time of launch was estimated at _______ sq.ft. and
the same has now increased to _______ sq.ft. and have been frozen
at _______ sq.ft.
d) That M/s _______ through the said officers namely Mr. _______
___ and Mr. ___ further assured & represented to the Petitioner that
the Respondent shall also finance the said “Residential Apartment”
and shall grant a loan to the Petitioner after the execution of the
Apartment Buyers Agreement between M/s _______ and the
Petitioner. The said officers Mr. _______ ___ and Mr. ___ also
further assured and represented to the Petitioner that in case the
Petitioner is willing to purchase the said “Residential Apartment” in
_______ “Residential Apartment” Complex from M/s _______, then
the Respondent will finance loan for the said “Residential
Apartment” as per the eligibility of the Petitioner and the said loan
amount will be released by the Respondent to M/s _______ after the
confirmation of the Allotment of the “Residential Apartment” by
M/s _______ in favour of the Petitioner, and after the Petitioner have
made payment of the total Sales Consideration minus the Sanctioned
Loan Amount to M/s _______ from its own contribution.
e) That thereafter one Mr. _______, ___, the Representative of the
Respondent approached the Petitioner at its office at _______
_______, who also represented, assured and promised to
the Petitioner that once the Petitioner has booked the Apartment with
M/s _______, the Sanctioned Loan Amount shall be released by the
Respondent to M/s _______ only after the performance of the
following conditions:- 
a) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from its own
contribution to M/s _______.
b) The confirmation of allotment of the “Residential Apartment”
by M/s _______ in favour of the Petitioner.
c)        The Apartment Buyer’s Agreement in respect of the said
“Residential Apartment” (which is a title document of the
said “Residential Apartment”) is executed by
M/s _______ with the Petitioner.
 d)        The said “Residential Apartment” Buyer’s Agreement is
deposited as equitable mortgage with the Respondent by way
of Security against release of Sanctioned Loan Amount of the
“Residential Apartment” by the Respondent to
M/s _______ on behalf of the Petitioner.
f) That believing and relying upon the representations, assurances and
promises of M/s _______, the Petitioner was lured/induced to
purchase the said “Residential Apartment” from M/s _______ AND
further believing and relying upon the representations, assurances,
and promises of Mr. _______, ___ the Representative of the
Respondent made to the Petitioner at his office at _____________,
the Petitioner was lured / induced to take a loan from the Respondent
to partly finance the purchase of the said “Residential Apartment”
from M/s _______. 
g) That believing and relying upon the representations and assurances
of M/s _______, the Petitioner agreed to purchase from M/s
_______ an Apartment No._______ admeasuring _______ sq.ft. in
Block-D, 5th Floor, admeasuring _______ sq.ft. at ‘_______’
“Residential Apartment” Complex, _______, __________  at the
Basic Sale Price (inclusive of EDC/IDC & Parking) of Rs._______/-
per sq.ft. plus IBMS @Rs._______/- per sq.ft.  i.e. for a total sales
consideration of Rs._______/- comprising of total Basic Sale Price
(inclusive of EDC/IDC & Car Parking) of Rs._______/- plus a
further amount of Rs._______/- towards payment of IBMS plus bulk
electricity charges and other charges as applicable at the time of
possession of the “Residential Apartment” (hereinafter referred to as
the said “Residential Apartment”). It was agreed that the total sales
consideration of Rs._______/- comprising of total Basic Sale Price
(inclusive of EDC/IDC & Car Parking) of Rs. _______/- plus a
further amount of Rs._______/- towards payment of IBMS plus bulk
electricity charges and other charges as applicable at the time of
possession of the said “Residential Apartment”) shall be paid by the
Petitioner to M/s _______ under an Interest Free Installment Plan.
h) That thereafter on the same day i.e. on _______, the Petitioner
submitted to M/s _______, an Application Form and also made a
payment of Rs._______/- (Rupees _______ only) to M/s _______
 towards the booking amount vide post dated Cheque No._______
dated _______ drawn on _______ Bank _______, _______, and in
favour of _______ and M/s _______ issued its official Receipt
No.__ dated _______ in favour of the Petitioner in acknowledgment
and receipt of the said amount of Rs._______/- towards booking
amount for the said “Residential Apartment” from the Petitioner
i) That thereafter M/s _______ issued to the Petitioner a Provisional
Letter of Allotment dated _______. That as per the Provisional
Letter of Allotment dated _______, a Provisional Allotment of the
said “Residential Apartment” was made by M/s _______ to the
Petitioner subject to Petitioner executing Apartment Buyer’s
Agreement on Company’s Format. That M/s _______ never
provided to the Petitioner any Apartment Buyer’s Agreement on
Company’s format and hence no Apartment Buyer’s Agreement was
executed between M/s _______ and the Petitioner. It is submitted
that M/s _______ agreed to sell to the Petitioner a Fully Finished
and Completed “Residential Apartment” for which Completion
Certificate in Statutory Form BR-V had already been issued by the
Architect of M/s _______ in _______ ___. It is further submitted
that Commissioner Municipal Corporation _______ have vide Office
Memo No. _______ dated _______, granted No Objection
Certificate for occupation of the Buildings in which the said
“Residential Apartment” is situated. It is further submitted that the
Occupation Certificate of the buildings in which the said
“Residential Apartment” is situated was also granted by the
Directorate of Town and Country Planning, _______, _______,
Chandigarh vide Memo No.______________/ _______ dated
__________.
j) It is submitted that M/s _______ did not execute any Apartment
Buyers Agreement with the Petitioner even till date.        
k) That as per the “Provisional Letter of Allotment dated _______”,
M/s _______ allotted to the Petitioner, the said “Residential
Apartment” for a total Basic Sale Price (inclusive of EDC/IDC &
Car Parking) of Rs._______/- plus a further amount of Rs._______/-
towards payment of IBMS plus bulk electricity charges and other
charges as applicable at the time of possession of the said
 “Residential Apartment”.  That the aforesaid Total Sales
Consideration of Rs._______/- Plus Bulk Electricity and other
charges as applicable at the time of possession was payable by the
Petitioner to M/s _______ under an Interest Free Instalment Plan.
M/s _______ attached the said Interest Free Payment Plan with the
Provisional Letter of Allotment dated _______. It is submitted that
while splitting the Total Sales Consideration of Rs._______/-
Plus Bulk Electricity and other charges as applicable at the time of
possession under the  Interest Free Instalment Plan which was
attached with the Provisional Letter of Allotment dated _______,
M/s _______ with an intent to cheat and extort extra money from the
Petitioner, committed a calculation / mistake of Rs.___ and therefore
instead of making an Interest Free Instalment Plan from total sales
consideration of Rs._______/-Plus Bulk Electricity and other
charges as applicable at the time of possession, the Petitioner made
an Interest Free Instalment Plan of Rs._______ Plus Bulk Electricity
and other charges as applicable at the time of possession. Therefore
M/s _______ with an intent to cheat and extort extra money from the
Petitioner committed a calculation error / mistake of Rs.___ (i.e. Rs.
_______- Rs._______/-).
l) That thereafter, Mr. _______, ___, the Representative of the
Respondent visited the office of the Petitioner at _______ _______
on ______________ & informed the Petitioner that a loan of
Rs._______ crores have been sanctioned by the Respondent vide
Letter Ref. No. _______/ _______ dated _______ subject to various
terms and conditions mentioned in the said Sanction Letter dated
______________. That on the said date i.e. _______, the said Mr.
_______ ___, the Representative of the Respondent had in good
faith got signed from the Petitioner at his office at _______
_______, the said Sanction Letter dated _______ & Blank Bank
Loan Agreement with blank columns and various other connected
blank loan documents on behalf of the Respondent from the
Petitioner for disbursement of the loan amount of Rs._______ crores
to M/s _______ on behalf of the Petitioner. Mr. _______ also in
good faith got signed from the Petitioner blank ECS transfer
Mandate Forms to be presented by the Respondent to the _______
 Bank Account of the Petitioner for payment of EMI. That the
Respondent also got signed from the Petitioner a blank Tripartite
Agreement with blank columns executed between M/s. _______, the
Respondent & the Petitioner. The Petitioner requested the said Mr.
_______ to provide to the Petitioner a copy of the said Sanction
Letter dated _______ and copies of Blank Loan Agreement and
other connected blank documents which he got signed from the
Petitioner. However, Mr. _______, ___, of the Respondent assured
and promised that he would provide to the Petitioner in 2-3 days, the
copies of the said Sanction Letter dated _______ & copies of the
duly signed Blank Loan Agreement, and all other duly signed blank
documents as are requested by the Petitioner. 
m) That while signing the Sanction Letter dated _______ and blank
document of the Loan Agreement containing blank columns between
the Respondent and the Petitioner, and also while signing the blank
Tripartite Agreement executed between M/s _______, the Petitioner
and the Respondent, the Petitioner made it very clear to the
representative of the Respondent that the Petitioner is signing blank
document of the Loan Agreement, with the conditions that the loan
will be released by the Respondent on behalf of the Petitioner only
subject to the following:-
i) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from
its own contribution to M/s _______.
ii) The confirmation of allotment of the “Residential
Apartment” by M/s _______ in favour of
the Petitioner.
iii)        The Apartment Buyer’s Agreement in respect of the
said “Residential Apartment” (which is a title
document of the said “Residential Apartment”) is
executed by M/s _______ with the Petitioner.
iv)       The said “Residential Apartment” Buyer’s Agreement
is deposited as equitable mortgage with the
Respondent by way of Security against release of
Sanctioned Loan Amount of the “Residential
 Apartment” by the Respondent to M/s _______ on
behalf of the Petitioner.

It is submitted that the Sanction Letter dated _______, the Loan

Agreement dated _______ and the Tripartite Agreement dated
_______ are Contingent and Conditional Contracts which are
operative only Contingent to the fulfillment of the conditions
mentioned in the Loan Agreement dated _______ and the
Tripartite Agreement dated _______.

The Petitioner also requested and made it clear to the representative

of the Respondent that after the blank columns are filled-in in the
blank document of the Loan Agreement signed by the Petitioner, and
also after the blank columns are filled in the blank Tripartite
Agreement after the execution of the Apartment Buyer’s Agreement
by M/s __________________ with the Petitioner, the Respondent
will inform the Petitioner of the same & provide copies of the same
to the Petitioner. The representative of the Respondent, represented,
assured and promised to the Petitioner that the loan will be released
by the Respondent to M/s. __________________ subject to the
following conditions :-
i) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from its own
contribution to M/s _______.
ii) The confirmation of allotment of the “Residential Apartment”
by M/s _______ in favour of the Petitioner.
iii)       The Apartment Buyer’s Agreement in respect of the said
“Residential Apartment” (which is a title document of the
said “Residential Apartment”) is executed by
M/s _______ with the Petitioner.
iv) The said “Residential Apartment” Buyer’s Agreement is
deposited as equitable mortgage with the Respondent by way
of Security against release of Sanctioned Loan Amount of the
“Residential Apartment” by the Respondent to M/s _______ 
on behalf of the Petitioner.
The Respondent also assured to the Petitioner that the copy of the
Loan Agreement after blank columns are filled at the appropriate
 time shall be supplied by the Respondent to the Petitioner. The
Respondent also assured to the Petitioner that the copy of the
Tripartite Agreement after blank columns are filled at the
appropriate time shall also be supplied by the Respondent to the
Petitioner.
n) That thereafter, the Petitioner was waiting for M/s _______ to
confirm the allotment of the said “Residential Apartment” & to send
Apartment Buyers Agreement of the said “Residential Apartment” to
the Petitioner for execution but no such Apartment Buyer’s
Agreement was sent by M/s _______ to the Petitioner. It is
submitted that contrary to the representations, assurances &
promises of the Respondent which the Respondent made to the
Petitioner, the Respondent in connivance and conspiracy with
M/s _______ unauthorisedly illegally and fraudulently disbursed
an amount of Rs._______/- to M/s _______  on _______without
even waiting for the confirmation of the allotment of the said
“Residential Apartment” by M/s _______ in favour of the
Petitioner& without even waiting for the execution of the
Apartment Buyers Agreement by M/s _______ with the
Petitioner(which was a precondition of the Provisional Letter of
Allotment dated _______), and without even taking the custody
of the Apartment Buyer’s Agreement by of Security for the
Loan disbursement which was also a pre condition of Clause
No.__ and Clause No.__ of the Sanction Letter dated _______,
and also a pre condition of Article No.__ of the Loan Agreement
dated _______ and also a pre condition of Clause No.__ and
Clause No.__ of the Tripartite Agreement dated _______.
o) That before disbursing the Loan Amount of Rs._______/- to M/s
_______, the Respondent also did not wait for the Petitioner to make
payment of its own contribution i.e. to make payment of the balance
sales consideration of Rs._______ (i.e. the Total Sales Consideration
of Rs.__________ minus booking amount Rs._______/- minus
Sanctioned Loan Amount of Rs._______/-) by the Petitioner to M/s
_______. It is submitted that it has never happened in the history of
any Bank that the Bank releases loan amount without any security of
deposit of Title Deeds by the Borrower and without the discharge by
 the Petitioner of its own liability to pay its own contribution i.e. in
this case to pay the balance sales consideration of Rs. Rs._______
(i.e. the Total Sales Consideration of Rs.__________ minus booking
amount Rs._______/-minus Sanctioned Loan Amount of
Rs._______/-) from its sources of the Petitioner to M/s _______. It
is surprising that the Respondent have released loan instalment
of Rs._______/- to M/s _______ on _______, without waiting for
the execution of the Apartment Buyer’s Agreement by M/s
_______ with the Respondent, which was also a pre condition of
Clause No.__ and Clause No.__ of the Sanction Letter dated
_______, and also a pre condition of Article No.__ of the Loan
Agreement dated _______ and also a pre condition of Clause
No.__ and Clause No.__ of the Tripartite Agreement dated
_______.The Respondent also did not wait for the Petitioner to
discharge its prior obligation of making payments of its own
contribution i.e. payment of balance sales consideration of
Rs._______ (i.e. the Total Sales Consideration of Rs.__________
minus booking amount Rs._______/- minus Sanctioned Loan
Amount of Rs._______/-) to M/s _______ from its own sources,
which was a precondition of Clause No.__ of the Sanction Letter
dated _______ and also a precondition of Clause No.__ of the
Loan Agreement dated _______. It is submitted that no bank
would ever do it and since the same has been done by the
Respondent obviously it has been done by the Respondent in
connivance with M/s _______ for ulterior motives.  It is thus clear
that both the Respondent and M/s _______ had an intent right from
the very beginning to commit forgery, 420, to cheat, defraud and
extort extra money from the Petitioner with an intent to cause
wrongful loss to the Petitioner and wrongful gains to the Respondent
and M/s _______. It is submitted that the intimation with regard to
the fraudulent, unauthorized & illegal disbursement of loan of
Rs._______/- came to the knowledge of the Petitioner from the
email dated __________ of the Respondent.
p) That it was clear that both the Respondent & M/s _______ in
connivance with each other hatched a very well planed and deep
rooted conspiracy to commit forgery & to cheat, defraud, and extort
 extra money from the Petitioner so as to cause wrongful loss to the
Petitioner and wrongful gain to the Respondent and M/s _______
The said Respondent unauthorisidely, illegally and fraudulently
disbursed a loan of Rs._______/- to M/s _______ without waiting
for the confirmation of allotment of the said “Residential
Apartment” by M/s _______ and without even waiting for
the execution of Apartment Buyer’s Agreement by M/s _______ in
favour of the Petitioner. That the Respondent did not wait even for
the execution of the Apartment Buyer’s Agreement of the said
“Residential Apartment” by M/s _______ with the Petitioner, and
without even waiting for the Petitioner to release to M/s _______ its
own contribution i.e. payment of the balance Sales Consideration of
Rs._______ payable by the Petitioner from its own sources. The said
amount of Loan Installment of Rs._______/- otherwise could not
have been disbursed by the Respondent to M/s _______ without
taking the Security of Apartment Buyer’ Agreement of the said
“Residential Apartment” but it was done so by the Respondent
unauthorisedly, illegally and fraudulently only in connivance with
M/s _______, both of whom have right from the very beginning
intended to commit forgery, to cheat, defraud and extort extra money
from the Petitioner so as to cause wrongful loss to the Petitioner and
wrongful gain to M/s _______ and to the Respondent. It is
submitted that the said disbursement of amount of Rs._______/-
by the Respondent to M/s _______ was unauthorised, illegal and
had been done fraudulently at the back of the Petitioner, in total
violation of the terms and conditions of the Sanction Letter
dated _______ as well as in violation of the terms and conditions
of the Loan Agreement dated __________ and also in violation of
terms and conditions of the Tripartite Agreement dated
_______. It is submitted that this was done by the Respondent
under a deep-rooted conspiracy hatched both by the Respondent
and M/s _______ in connivance with each other with an intent to
commit forgery, fraud, cheating and extort extra money from
the Petitioner.
q) That thereafter, M/s _______ sent a letter dated _______ to the
Petitioner demanding from the Petitioner the payment due till
 _______ amounting to Rs._______. It is submitted that the Petitioner
was surprised to note that the Demand Letter dated _______
demanding an amount of Rs._______ was erroneous  and forged as
according to the Provisional Letter of Allotment dated _______, the
actual amount which could have been demanded by M/s _______
from the Petitioner would have been of Rs._______/- and not
Rs._______.  It is therefore clear that with an intent to cheat and
extort extra / excess amount of Rs._______, M/s _______ issued an
erroneous Demand Letter to the Petitioner.
r) That the Petitioner requested M/s _______ to issue a correct
Demand Letter in place of the erroneous Demand Letter
dated_________. That while the Petitioner was waiting for a correct
Demand Letter in place of erroneous and forged Demand Letter
dated _______, M/s _______ with a view to extort further money
from the Petitioner, to cause further wrongful loss to the Petitioner
and further wrongful gain to M/s _______ sent a very shocking and
surprising Final Demand Letter dated _______ to the Petitioner to
extort from the Petitioner an excess amount of Rs._______/- (i.e.
Rs._______/- - Rs._______/-), by demanding balance sales
consideration of Rs._______/- as against the balance due sales
consideration of Rs. _______/- (i.e. excess amount of Rs._______/-)
within a period of  ___ days from the date of the letter i.e. by
_______. That the said Demand Letter dated _______ sent by M/s
_______ to the Petitioner was totally contrary to and against the
promises, assurances and representations made by M/s _______ to
the Petitioner vide their Provisional Letter of Allotment dated
_______, as well as their erroneous and forged Demand Letter dated
_______ which was sent by M/s _______ to the Petitioner less than
a month before the letter dated _______.
s) That the Petitioner thereafter vide Letter dated _______ requested
M/s _______ to provide to the Petitioner clarifications/
certification/documents relating to the illegal excess demand of
Rs._______/-. That on __________ bonafidely and faithfully the
Petitioner through its Director, Mr. _______________, had from his
Mobile No.___ called M/s _______ on M/s _______’s telephone
number _______ and the call was attended to by a representative of
 the Sales Department of M/s _______. The Petitioner told the said
Sales Representative that the Petitioner had not received any
amended Demand Letter, but the said Sales Representative of the
Company was very rude to the Petitioner and told to the Petitioner
“WE ARE BUILDERS AND WE ONLY TAKE MONEY AND IF
RESPONDENT DO NOT PAY WE ONLY CANCEL THE
APARTMENT AND FORFEIT THE MONEY”. Thereafter, the
Petitioner most humbly told the said Sales Representative that M/s
_______ cannot do like this as M/s _______ has to act within the
four corners of law of the country”. That thereafter the said Sales
Representative of M/s _______ threatened the Petitioner that once
the date of _______ is over, M/s _______ will cancel the allotment
of said “Residential Apartment”, to the Petitioner and forfeit the
money paid by the Petitioner and M/s _______ will allot said
“Residential Apartment” to any third party and thereafter the said
Sales Representative of M/s _______ abruptly disconnected the
phone.  
t) That now it became clear that a very well planned and deep
rooted conspiracy of Fraud, 420, Cheating, forgery and extortion
has been hatched both by the Respondent and M/s _______ in
connivance with each other with an intent to commit forgery,
fraud, cheating and extort extra money from the Petitioner. That
the Respondent cheated and defrauded the Petitioner by
unauthorizedly & illegally disbursing a Loan amount of
Rs._______/- to M/s _______, in total violation of the terms and
conditions of the Sanction Letter dated _______ as well as in
violation of the terms and conditions of the Loan Agreement
dated __________ and also in violation of terms and conditions
of the Tripartite Agreement dated _______.
u) That in respect of the illegal and erroneous demand raised by M/s
__________________ on the Petitioner vide Letter dated ________,
the Petitioner filed a Suit for Declaration & Permanent Injunction
dated ________ against M/s ________ before the Ld. Trial Court
being Civil Suit No.________ of ________  in which a Stay Order
dated ________ had been granted by the Ld. ACJM ________,
whereby the Ld. ACJM ________ restrained M/s ________ from
 cancelling the allotment of the Petitioner regarding property i.e the
"said Residential Apartment" and creating third party interest over
the same till next date of hearing. The Stay Order dated ________ is
reproduced as under:-

“Present        :Sh. _______, Adv. for Petitioner.

Sh. _______ ___, Adv. for defendant.
“An application under Sections 5 and 8 of the
Arbitration and Conciliation Act. 1996 on behalf of
defendant has been filed. Copy given. Reply to this
application be filed on __________. Heard.
Defendant is restrained from cancelling the allotment
of the Petitioner regarding suit property and creating
third party interest over the same till next date of
hearing.
(_______)
CJ(SD), _______ _______”
The above Stay Order continued against M/s ________.  That M/s
________ filed an Appeal dated ________ against the said Interim
Order dated ________ in the court of Ld. ADJ, ________ which was
later on withdrawn by M/s ________ vide order dated _____. It is
submitted that in the above Suit the Respondent filed an Application
under Order 1 Rule 10 CPC dated ______ for impleadment with the
following prayer:-
“In view of the facts and circumstances as mentioned
above and in the interest of justice it is most
respectfully prayed that this Hon’ble Court may
graciously be pleased to implead the Applicant as
party (Defendant) in the present case and, and/or
Any other relief which this Hon'bre court may deem
fit and proper may kindly be passed in favour of the
Applicant”
v) That it is submitted that in the above Civil Suit, an Application under
section 5 and section 8 of the Arbitration and Conciliation Act was
filed by M/s ________ for referring the dispute to the Sole
Arbitration of the Company Secretary of M/s ________, but the said
 Application was dismissed by the Ld. Civil Judge, ________ vide
order dated _________.
w) That against the aforesaid Order dated _________, a Civil Revision
No.____ of ____ dated _____ was filed by M/s ________ before the
Hon’ble _____ and _____ High Court. That vide Order dated
______, the Hon’ble _____ and _____ High Court was pleased to
dispose of the above Civil Revision No.____ of ____ by referring
the matter for adjudication to the Sole Arbitrator Shri ________
Hon’ble Justice (Retd.) of _____ High Court & the Arbitration
proceedings are pending before the Hon’ble Arbitration
Tribunal. That in view of the order dated ______ of the Hon’ble
_____ and _____ High Court in Civil Revision No.____ of ____, the
Civil Suit filed by the Petitioner against M/s ________ was
dismissed by the Ld. Trial Court vide order dated.________.
x) That the Arbitration Proceedings have already commenced before
the Sole Arbitrator Shri ________ Hon’ble Justice (Retd.) of
_____ High Court. In the said Arbitration Proceedings the
Petitioner have filed its Statement of Claim dated ________ and M/s
__________________ have also filed its Written Statement dated
____________.
y) That by now the Petitioner realized that the Respondent under the
garb of sanctioning / disbursing loan have conspired and connived
with M/s ________ under a deep rooted conspiracy to play fraud,
420, and forgery and cheating with the the Petitioner with the sole
objective to extort money from the Petitioner by illegally,
fraudulently and unauthorizedely disbursing the amount of
Rs.________/- to M/s ________ on behalf of the Petitioner so as to
cause wrongful loss to the Petitioner and wrongful gains to the
Respondent and M/s ________ without waiting for M/s ________ to
confirm the Allotment of the said “Residential Apartment” to the
Petitioner and without even waiting for M/s ________ to execute
Apartment Buyers Agreement of the said “Residential Apartment” in
favour of the Petitioner. 
z) That thereafter vide Letter dated ____, the Petitioner requested the
Respondent to provide to the Petitioner, the title documents relied
upon by the Respondent to disburse Loan Amount to M/s ________
 and instead of replying the letter dated ____ of the Petitioner, the
Respondent in order to put fear of injury in the Petitioner, have
through Advocate and consultants called _____,
________________, sent Legal  Notice dated ______, and ___
conveying /sending various illegal threats to the Petitioner with the
sole objective to put fear of injury in the Petitioner to further extort
money from the Petitioner. It is submitted that though the Petitioner
became victim of further extortion of money by the Respondent in
pursuance to the Legal Notice dated ______ but thereafter, on
receipt of further Legal Notice dated ____, the Petitioner have
through its Advocate Mr. Anil Gupta sent reply dated____ to the
Legal Notice dated ____ sent by the Respondent to the Petitioner
through _____.  That the Respondent have under the garb of EMI
already extorted an amount of Rs.________/- from the Petitioner
during the period ________ to ____ through the blank ECS Mandate
Forms fraudulently got signed by the Respondent from the Petitioner
through forgery and fraud committed by the Respondent in
connivance with M/s ________ under a very well planed and a deep
rooted conspiracy. Since the Loan Amount of Rs.________/- was
illegally, fraudulently and unauthorisidely disbursed by the
Respondent to M/s ________  under a deep rooted conspiracy
hatched by M/s ________ and the Respondent in connivance with
each other to commit fraud, forgery, and extort money from the
Petitioner in good faith, the ECS Mandate Forms fraudulently
obtained by the Respondent from the Petitioner could not have been
presented by the Respondent to the Syndicate Bank account of the
Petitioner for payment of EMI. It is submitted that the Respondent
went on presenting fraudulently obtained ECS Mandate Forms every
month from April ________ to August ____ to Syndicate Bank
Account of the Petitioner for extortion of money of Rs.________/-
from the Petitioner under the garb of EMI.  
 
z1) That it is settled law that civil and criminal litigation can go
together and /or side by side, while the Petitioner have firstly
initiated civil proceedings against the Respondent, however,
WITHOUT PREJUDICE TO THE PETITIONER’S RIGHTS,
 
(a) The Petitioner sent a letter dated ____________
calling upon the Respondent to rectify their action of
extortion committed by them with the Petitioner in
connivance with M/s ________ under a very well
planned and deep rooted conspiracy hatched both by
the Respondent and M/s ________ to commit forgery
to cheat, defraud and extort money from the Petitioner
so as to cause wrongful loss to the Petitioner and
wrongful gain to the Respondent and to M/s ________,
and vide the said letter dated ____________, the
Petitioner called upon the Respondent to rectify its
action of Fraud, 420, Cheating, forgery and extortion
of money of Rs.________/- extorted by the
Respondent from the Petitioner during April,
________ to August ____ under the garb of collection
of EMI through the fraudulently obtained ECS
Mandate Forms from the Petitioner. That the
Respondent illegally, unauthorisedly and fraudulently
disbursed an amount of Rs.________/- to M/s
________ on behalf of the Petitioner without the
consent of the Petitioner and without the Security of
Apartment Buyer’s Agreement,  and without waiting
for the Petitioner to discharge its obligation of payment
of Rs.________ to the Respondent from its own
sources. Against the said fraudulently disbursed
amount of Rs.________/-, the Respondent have
already extorted an amount of Rs.________/- from the
Petitioner from April, ________ to August ____ under
the garb of EMI, through the fraudulently obtained
ECS Forms and hence the Petitioner is willing to
refund the net amount of Rs.________/- (i.e.
Rs.________/- –Rs.________/-), to the Respondent on
receiving a written confirmation from the Respondent
in this regard.
(b)    The Petitioner also called upon the Respondent not to
present any further blank ECS  forms fraudulently
 obtained by the Respondent from the Petitioner in
good faith under the garb of payment of EMI for
illegally, fraudulently and unauthorizedly disbursing
Loan amount of Rs.________/- by the Respondent to
M/s ________, and in case any such ECS form is
presented for encashment by the Respondent, this will
tantamount to further forgery, cheating fraud and
extortion of money by the Respondent from the
Petitioner and the same will not be honoured by
Syndicate Bank of the Petitioner.
(c) That the Petitioner also notified vide the said letter
dated ____________ that if the Petitioner failed to
receive any reply /response from M/s ________  & the
Respondent on their action of rectifying the action of
Fraud, 420, Cheating, forgery and extortion of money 
committed by them with the Petitioner so as to cause
wrongful loss to the Petitioner and wrongful gains to
M/s ________  and the Respondent as mentioned in
the said letter dated ____________, the Petitioner shall
be left with no other option but to lodge an FIR under
the provisions of IPC with the concerned Police
Authorities and /or file Criminal Complaint before the
concerned Illaqua Magistrate against M/s ________  &
the Respondent and their Directors/ Officers /
Representatives as may be advised at the risks and
costs of the Respondent And M/s ________ and their
Directors/ Officers / Representatives.
 
z2) That the Petitioner did not receive any reply either from the
Respondent in response to its letter dated ____________.
 
z3) That while the Petitioner reserved its right to initiate appropriate
criminal proceedings including lodging of FIR and/or filing of
criminal complaint against M/s ________  & the Respondent, the
Petitioner being worried that the Respondent shall continue to
present blank ECS Forms (fraudulently obtained by the Respondent
from the Petitioner) to the Syndicate Bank of the Petitioner from
 November, ____ onwards also which would cause further wrongful
loss & irreparable injury to the Petitioner, the Petitioner was left
with no other option but to file a Suit for Permanent Injunction
against the Respondent, being Civil Suit No.________ of ____ with
the following prayers:-
“In view of what has been stated hereinabove, it is therefore
most kindly prayed that this Hon’ble Court may kindly be
pleased to
 
(a) Pass a decree of Permanent Injunction in favour of the
Petitioner and against the Respondent their
Directors /  Managers / Agents and anyone one acting
for and on their behalf, thereby restraining  them  from
presenting any blank ECS forms fraudulently obtained
by Respondent from the Petitioner to the Syndicate
Bank of the Petitioner towards EMI for the repayment
of the loan of Rs.________/- unauthorisedly, illegal &
fraudulently disbursed by the Respondent to
Respondent,
(b) Pass a decree of Mandatory Injunction in favour of the
Petitioner and against the Respondent their Directors /
Managers / Agents and anyone one acting for and on
their behalf, thereby commanding /directing them to
handover all the unutilized blank ECS Forms to the
Petitioner.
(c) Award the cost of the suit in favour of our Company.
(d) Pass any other order / orders that this Hon’ble Court
may deem fit and proper, in the given facts and
circumstances of the case, in the interest of Justice”

The above Civil Suit is still pending adjudication.

z4) That in the aforesaid Suit, the Respondent filed its Written Statement
to the Plaint of the Petitioner on _____________, and the
Respondent alongwith the Written Statement filed various
documents mentioned in the Written Statement. Besides other
documents, the Respondent filed a document known as “Loan
Agreement” dated ____________. That after examining the said
 “Loan Agreement” dated ____________, the Petitioner was shocked
& surprised to note that the blank loan document containing blank
columns got signed by the Representative of the Respondent on
________ was forged and fabricated by the Respondent by filling
the blank columns with false entries/insertions which are far from
the actual facts. That on a detailed examination of the said “Loan
Agreement” dated ____________, the Petitioner was shocked &
surprised to learn that a Institution like a Bank working under the
direct control of RBI can go to the extent of playing a big fraud with
the Petitioner by forging & fabricating blank documents got signed
from the Petitioner in good faith, by filling false entries/insertions,
thereby causing grave injury and wrongful loss to the Petitioner with
the sole objective to cause wrongful gain to the Respondent under
the garb of increasing its business. The Petitioner realized that the
Petitioner has become a victim of fraud, cheating, 420 & forgery by
the Respondent under a deep rooted conspiracy hatched by the
Respondent in connivance with M/s. __________________ The
fraud, forgery and fabrication played by the Respondent with
the Petitioner in the Loan Agreement dated ________ has been
elaborated in the succeeding paragraphs.

z5) It is further submitted that in the Arbitration Proceedings pending

between M/s. __________________ & the Petitioner before Hon’ble
Justice, Mr. ________, Hon’ble Justice (Retired), _____ High Court,
the Petitioner filed a Statement of Claim and in reply to the same,
M/s. __________________ filed its Written Statement dated _____,
a copy of which was served on the Petitioner on ________. That
alongwith the Written Statement M/s. __________________ filed
various documents and in the said documents M/s.
__________________ also filed a Tripartite Agreement dated
_________ executed between M/s. __________________, the
Petitioner & the Respondent. On a detailed examination of the said
Tripartite Agreement dated _________, the Petitioner was once
again shocked & surprised to learn that even the said Tripartite
Agreement dated _________ was got signed blank from the
Petitioner in good faith by the Respondent in connivance with M/s.
__________________ fraudulently with blank entries. The
 Petitioner was shocked to learn that in the blank entries, the
Respondent in connivance with M/s. __________________ have
filled in/inserted false, forged & fabricated entries in the blank
columns. This further proves beyond any doubt that the Respondent
is habitual of playing fraud, forgery & fabrication with an intent to
cheat/cause grave injury & wrongful loss to the Petitioner &
wrongful gains to the Respondent & M/s. __________________.
The fraud, forgery & fabrication played by the Respondent in
connivance with M/s. __________________ in the Tripartite
Agreement dated _________ have been elaborated hereinafter in
the succeeding paragraphs.

z6) SEQUENCE OF EVENTS RELATING TO FRAUDULENT,

FALSE, FORGED AND FABRICATED LOAN AGREEMENT
DATED ________ AND FRAUDULENT, FALSE, FORGED
AND FABRICATED TRIPARTITE AGREEMENT DATED
________.

It is submitted that in order to appreciate that the said “Loan

Agreement” dated ____________ and the said Tripartite
Agreement dated ________ are false, forged & fabricated
documents, the Petitioner is describing hereunder the following
sequence of events:-
(a) That the Respondent issued a Sanction Letter dated ________ to
the Petitioner sanctioning a loan of Rs._____/- as per the terms
and conditions in the said Sanction Letter dated ________
(b) That on the same day, the Respondent fraudulently got signed
from the Petitioner at his office at _______________, blank
document of the Loan Agreement (which is later on made dated
________ by the Respondent) containing blank columns,
however, the Petitioner signed the same in good faith with the
condition that the Loan amount shall be released by the
Respondent to M/s __________________ subject to the
performance of the following conditions:-
i) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from its own
contribution to M/s ________.
 ii) The confirmation of allotment of the “Residential Apartment”
by M/s ________ in favour of the Petitioner.
iii)        The Apartment Buyer’s Agreement in respect of the said
“Residential Apartment” (which is a title document of the said
“Residential Apartment”) is executed by M/s ________ with the
Petitioner.
iv)     The said “Residential Apartment” Buyer’s Agreement is
deposited as equitable mortgage with the Respondent by way of
Security against release of Sanctioned Loan Amount of the
“Residential Apartment” by the Respondent to M/s ________ on
behalf of the Petitioner.
(c) That on the same day the Respondent also fraudulently got
signed from the Petitioner at his office at
______________________, a blank Tripartite Agreement (which
later on was made dated _________ by the Respondent)
containing blank columns, executed between M/s.
__________________, the Petitioner & the Respondent which
was signed by the Petitioner subject to the condition that the
same shall be operative only after the execution of the Apartment
Buyer’s Agreement by M/s __________________ with the
Petitioner and thereafter the blank columns will be filed in by the
Respondent in the said Tripartite Agreement. The Petitioner
signed the same in good faith with the condition that the loan will
be released by the Respondent to M/s __________________ only
after the execution of the Apartment Buyer’s Agreement by M/s
__________________ with the Petitioner. That the Respondent
assured to the Petitioner that the loan will be released by the
Respondent to M/s. __________________ only after compliance
of the following conditions :-
i) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from
its own contribution to M/s ________.
ii) The confirmation of allotment of the “Residential
Apartment” by M/s ________ in favour of
the Petitioner.
 iii)      The Apartment Buyer’s Agreement in respect of the
said “Residential Apartment” (which is a title
document of the said “Residential Apartment”) is
executed by M/s ________ with the Petitioner.
iv)    The said “Residential Apartment” Buyer’s Agreement
is deposited as equitable mortgage with the
Respondent by way of Security against release of
Sanctioned Loan Amount of the “Residential
Apartment” by the Respondent to M/s ________ on
behalf of the Petitioner.
z7) The most vital & important clauses of the Loan Agreement
dated ____________ prima facie proving the fraud, forgery &
fabrication played by the Respondent with the Petitioner are
reproduced as under :-

ARTICLE -3 – COVENANTS FOR SECURITY

“a) The Borrower covenants that the Dues being
repayment of the Loan and payment of
interest, additional/default interest, fees,
commitment charges, costs, other charges and
expenses and all other amounts payable to the
Bank under this Agreement shall be secured
or cause to be secured by such Security as
determined by the Bank in its sole discretion.
The Bank shall have the right to prescribe the
type of security and the place, timing and the
manner of its creation. Such security shall be
created prior to the disbursement of the Loan.
The Bank may during the term of this
Agreement also require for the Borrower to
create additional security and the Borrower
undertakes to create or cause to create such
additional security as and when called upon by
the Bank. Without prejudice to the generality
of the above, the Borrower shall create such
additional security (a) in the event of the Dues
(b) in the event of distruction or damage or
 depreciation or fall in value of any Security
given to the Bank of the title of any such
Security being unclear, unmarketable or
encumbered in the opinion of the Bank or
affecting the value of the Security in any
manner whatsoever.
b)                  The Borrower …………………………………
   ……………………
c)                  The Borrower ……………………………….
  …..…………
d)                   The Borrower …………………………………
   ….…………
e)                    The Borrower ………………………………
……….………………………………………….
…………………………………………………………
…………………………………………………………
………………………………………………………”
 
ARTICLE 4 – CONDITION FOR DISBURSEMENT
 
 “Obligation of the Bank to make any disbursement
under this Agreement shall be ……………………..
……………………..
…………………………………………………………
…………………………………………………………
Utilisation of Borrower’s Contribution: The
Borrower shall have arranged for the reminder funds
required for the purpose of the Loan (i.e. the cost of
the Property less than Loan). The Borrower shall not
borrow the same from any other person.”

CLAUSE NO.____- ARBITRATION

Unless the same falls within the jurisdiction of the Debts
Recovery Tribunal under the Recovery of Debts Due to Banks
and Financial Institution Act, 1993 or any other competent
authority for Debt related disputes constituted in any other law in
future or which are in force, any and all claims and disputes
arising out of or in connection with this Agreement or its
performance shall be settled by arbitration by a single Arbitrator
to be appointed by the Bank. The venue of arbitration shall be in
either Mumbai or _____ or Chennai or Kolkata or at the
Concerned Branch at the sole discretion of the Bank. The
 arbitration shall be conducted under the provisions of the
Arbitration and Conciliation Act, 1996 or any statutory
modification or re-enactment thereof for the time being in force
and the award of such Arbitrator shall be final and binding upon
the Parties hereto.

CLAUSE NO.__ - JURISDICTION

In the event that the claim or dispute does not fall within the
jurisdiction of the Debts Recovery Tribunal established under the
Recovery of Debts Due to Banks and Financial Institution Act,
1993 for the purposes of arbitration mentioned in Clause
____and subject to the provision of clause ____above, the Courts
aforesaid where the venue of arbitration is decided, or if law does
not permit the same, the Courts of the city in which the
concerned service branch of the Bank is situated, shall have
exclusive jurisdiction in respect of any suit, petition, reference of
other filing permitted or required to be made pursuant to the
Arbitration and Conciliation Act, 1996 in respect of the matters
arising out of this Agreement including without limitation, a
petition for appointment of an arbitrator or arbitrators under
section 11 of the Arbitration and Conciliation Act, 1996.

e) The most important & vital clauses of the Sanction Letter

dated ________ prima facie proving the fraud, forgery & fabrication
played by the Respondent with the Petitioner are reproduced as
under :-
CLAUSE ___
“The title of the security should be clear and
marketable.”
CLAUSE __
“Loan will be disbursed in stages on the basis of
work progress certificate of the Technical Valuer (in
case of construction) and directly to the seller OR to
the Bank (In case of transfer or foreclosure from
other Banks or Financial Institutions) OR Borrower
(in case of refinance) on request from the borrower.
No disbursement will be made unless proof of
 payment of Respondent own contribution, in the total
cost of the Property is submitted.”
CLAUSE __
“Appropriate Security acceptable to the Bank shall be
created for disbursement”.
CLAUSE __
“A Loan Agreement acceptable to the bank and other
documents in relation thereof shall be executed by
the Borrower. The terms and conditions of the Loan
Agreement shall supersede all previous
communications in respect of finance facility”

f) The most important & vital clauses of the Tripartite

Agreement dated ________ prima facie proving the fraud, forgery &
fabrication played by the Respondent with the Petitioner are
reproduced as under :-

Clause No.(__)of Preamble

The Party of the Second Part has agreed to buy an Apartment
bearing No. ________ Building in said Scheme/Project
(hereinafter referred to as “the said Apartment”, which is fully
described in the Schedule written hereunder) from the Party of the
First Part and accordingly the Party of the First Part and the Party
of the Second Part have entered into an Apartment Buyer’s
Agreement on ---------------.

Clause No.(E)of Preamble

The party of the Second Part and Party of Third Part have entered
into Housing Loan Agreement and Party of the First Part and the
Party of Second Part have entered into an Apartment Buyers’
Agreement.

Clause No.1
The Bank has agreed to give a loan amount of Rs._____/- (Rupees
_______ only) to the party of the Second Part, i.e. the borrower, in
terms and in accordance with the Sanction letter dated________
and the Loan Agreement dated ___________.
Clause No.__
The borrower will also make the payment in consonance with the
schedule of payment to the Party of the First Part; as per
Apartment Buyer’s Agreement dated _________ entered between
the Party of the First Part and the Party of the Second Part.

Clause No.__
The borrower desires that the Borrower’s Copy of the Apartment
Buyer’s Agreement dated ________ entered into between the
borrower and Party of the First Part shall be kept by the Bank in
its safe custody till terms and conditions of grant of loan are
complied with.

Clause No.__
In case of termination /cancellation of the Apartment Buyer’s
Agreement for any reason whatsoever, the party of the First Part
subject to the provisions of the Apartment Buyer’s Agreement shall
refund to the party of third part i.e. Bank, the amount of loan
directly disbursed by the Bank to the party of the first part. Further
the parties agree that the Bank shall in no circumstances be
entitled to refund of any amount over and above the amount
equivalent to the Bank’s contribution paid to the Party of the First
Part and any interest outstanding thereon. The balance, if any,
over and above the forfeiture and other charges in terms of the
Apartment Buyer’s Agreement, may also be refunded to the Bank.

Clause No.__
It is clearly agreed and understood that the party of the First Part
shall be entitled to retain the non refundable earnest money,
and/or any other amount which may be retained by the party of the
First Part under the Apartment Buyer’s Agreement, the balance
amount refundable under the Apartment Buyer’s Agreement shall
be refundable to bank on behalf of the borrower and this will be a
due discharge of the party of the first part. The borrower consents
to the same.

Clause No.__
 In case of any dispute or difference whatsoever arising among the
parties out of or relating to the construction, meaning, scope
operation or effect of this Agreement the Parties shall first
endeavor to reach an amicable settlement through mutual
consultations and negotiations. If the parties are unable to reach
an amicable settlement within __ days from the date on which
dispute arose, such dispute shall be referred to arbitration, each
party shall appoint one arbitrator. Such arbitration shall be
conducted in accordance with the provisions of Arbitration and
Conciliation Act, 1996 or any salutatory modification thereof. The
language of the arbitration shall be English. The venue of
arbitration shall be _____.
z8) HOW THE LOAN AGREEMENT DATED ____________ AND
THE TRIPARTITE AGREEMENT DATED ________ ARE
FRAUDULENT, FALSE, FORGED AND FABRICATED
DOCUMENTS.
(a) That it is submitted that on a perusal of the Loan Sanction Letter
dated ________ and the Loan Agreement dated ____________
and the Tripartite Agreement dated _________, the Petitioner
realized that the Petitioner became a victim of the fraud, forgery
and cheating committed by the Respondent alongwith M/s
________ in connivance with each other under a deep rooted
conspiracy hatched by the Respondent & M/s ________ with a
view to cause wrongful loss to the Petitioner and wrongful gain
to the Respondent & M/s ________ in the month of March
________.
(b) That the Loan Agreement dated ____________ and the
Tripartite Agreement dated ________ are fraudulent, false,
forged and fabricated documents, is evident from the following:-
(i) That Clause No.__ of the Sanction Letter dated
________ provides that a Loan Agreement
acceptable to the bank and other documents in
relation thereof shall be executed by the Borrower.
The terms and conditions of the Loan Agreement
shall supersede all previous communications in
respect of finance facility. As per Clause __ it is clear
 that a Loan Agreement was required to be executed
which could be executed either on ________ or
after________, but the Loan Agreement which the
bank is relying upon is dated ________, which beyond
any doubt proves that the said Loan Agreement is
forged and fabricated document. This is because as per
Clause No.__ of the Sanction Letter dated ________,
the Loan Agreement cannot be an already executed
Loan Agreement dated ________ and the said Loan
Agreement could only be executed either on ________
or after ________. This is a clear case of fraud, forgery
and cheating committed by both M/s ________ and the
in connivance with each other under a deep rooted
conspiracy to cause wrongful loss to the Petitioner and
wrongful gains to M/s ________ and Respondent and
hence the disbursement of Loan Amount
ofRs.________/- by the Respondent to M/s ________
is unauthorised, illegal and fraudulent. This proves
beyond any doubt that both the Loan Agreement
dated ____________ and the Tripartite Agreement
dated ________ are fraudulent, false, forged and
fabricated documents which are null and void in
the eyes of law and are not binding on the parties,
and hence the disbursement of amount of
Rs.________/- by the Respondent to M/s
________ was unauthorised, illegal and had been
done fraudulently at the back of the Petitioner,
which is also in total violation of the terms and
conditions of the Sanction Letter dated ________ as
well as in violation of the terms and conditions of
the Loan Agreement dated ____________ and also
in violation of terms and conditions of the
Tripartite Agreement dated ________.
(ii) The Sanction Letter is dated ________ and as per
Clause No.__ and Clause No.__ of the Sanction Letter
dated ________ read with Article 3 of the Loan
Agreement dated ____________, the disbursement of
the Loan could have been made by the Respondent
to M/s ________ only after the bank has taken a
Security acceptable to the Bank and in this case the
said Security is the equitable mortgage of the said
“Residential Apartment” i.e. the Apartment
Buyer’s Agreement of the said “Residential
Apartment”.  It is submitted that in the present case
no Apartment Buyer’s Agreement has been executed
by M/s ________ in favour of the Petitioner of the said
“Residential Apartment” has been executed by M/s
________ in favour of the Petitioner. Therefore, in the
absence of any title deeds to the said “Residential
Apartment” the question of title of the security being
clear and marketable do not arise. Further since there is
no title of the security in the form of Apartment
Buyer’s Agreement of the said “Residential
Apartment”, therefore no loan could be disbursed by
the Respondent to M/s ________. This is a clear case
of fraud, forgery and cheating committed by both M/s
________ and the Respondent in connivance with each
other under a deep rooted conspiracy to cause
wrongful loss to the Petitioner and wrongful gains to
M/s ________ and the Respondent and hence the
disbursement of Loan Amount of Rs.________/- by
the Respondent to M/s ________ is unauthorised,
illegal and fraudulent. This proves beyond any doubt
that both the Loan Agreement dated ____________
and the Tripartite Agreement dated ________ are
fraudulent, false, forged and fabricated documents
which are null and void in the eyes of law and are
not binding on the parties, and hence the
disbursement of amount of Rs.________/- by the
Respondent to M/s ________ was unauthorised,
illegal and had been done fraudulently at the back
of the Petitioner, which is also in total violation of
 the terms and conditions of the Sanction Letter
dated ________ as well as in violation of the terms
and conditions of the Loan Agreement dated
____________ and also in violation of terms and
conditions of the Tripartite Agreement dated
________.
(iii) That as per Clause No.__ of the Sanction Letter
dated ________ read with Clause No.__ of the Loan
Agreement dated ________, no amount of loan could
be disbursed by the Respondent to the Petitioner
without prior payment of the own contribution by the
Petitioner to M/s ________ i.e. payment of the balance
Sales Consideration of Rs.________ payable by the
Petitioner from its own sources to M/s ________.
Since no such prior payment of Rs.________ was
made by the Petitioner to M/s ________ from its own
sources, therefore, Respondent could not have released
the loan amount of Rs.________/- to M/s
________. This proves beyond any doubt that both
the Loan Agreement dated ____________ and the
Tripartite Agreement dated ________ are
fraudulent, false, forged and fabricated documents
which are null and void in the eyes of law and are
not binding on the parties, and hence the
disbursement of amount of Rs.________/- by the
Respondent to M/s ________ was unauthorised,
illegal and had been done fraudulently at the back
of the Petitioner, which is also in total violation of
the terms and conditions of the Sanction Letter
dated ________ as well as in violation of the terms
and conditions of the Loan Agreement dated
____________ and also in violation of terms and
conditions of the Tripartite Agreement dated
________.
(iv) That a perusal of Clause No. __ of the Preamble,
Clause No. E of the Preamble, Clause No.__, Clause
No.__ and Clause No.__ of the Tripartite Agreement
dated ________, makes it amply clear that there is an
Apartment Buyer’s Agreement executed between M/s
__________________ and the Petitioner and the
whole foundation of the Tripartite Agreement dated
________ is the Apartment Buyer’s Agreement
executed between M/s __________________ and the
Petitioner. It is however, an admitted case that even till
date no Apartment Buyer’s Agreement dated……. has
been executed between M/s ________, and the
Petitioner and hence, it is proved beyond any doubt
that the Respondent in connivance and conspiracy with
M/s ________ unauthorisedly illegally and
fraudulently disbursed an amount of Rs.________/- to
M/s ________  on ________ without even waiting for
the execution of the Apartment Buyers Agreement by
M/s ________ with the Petitioner (which was a
precondition of Clause No. __ of the Preamble, Clause
No. E of the Preamble, Clause No.__, Clause No.__
and Clause No.__ of the Tripartite Agreement dated
________ executed between M/s ________, the
Petitioner and the Respondent as well precondition of
Clause No.__ and Clause No.__ of Sanction Letter
dated ________ and also precondition of Article 3 of
the Loan Agreement dated ________. This proves
beyond any doubt that both the Loan Agreement
dated ____________ and the Tripartite Agreement
dated ________ are fraudulent, false, forged and
fabricated documents which are null and void in
the eyes of law and are not binding on the parties,
and hence the disbursement of amount of
Rs.________/- by the Respondent to M/s
________ was unauthorised, illegal and had been
done fraudulently at the back of the Petitioner,
which is also in total violation of the terms and
conditions of the Sanction Letter dated ________ as
 well as in violation of the terms and conditions of
the Loan Agreement dated ____________ and also
in violation of terms and conditions of the
Tripartite Agreement dated ________.
(v) That in Clause No.1 of the Tripartite Agreement dated
_________ executed between M/s ________, the
Petitioner and the Respondent, it has been stated that
the Respondent has agreed to give a Loan Amount
of Rs.________/- to the Petitioner in accordance
with the Sanction Letter dated ________ and the
Loan Agreement dated _______. It is submitted that
the Sanction Letter is dated ________ and not
________. It is further submitted that Loan
Agreement is ____________ and not ________. This
prima facie show fraud, forgery & fabrication done by
the Respondent in connivance with M/s ________.
This also leads to another logical conclusion that
besides Sanction Letter dated ________, the
Respondent created another fraudulent, false, forged
and fabricated Sanction Letter dated ________. This
also further leads to another logical conclusion that
besides Loan Agreement dated ________, the
Respondent has further created another fraudulent,
false, forged and fabricated Loan Agreement dated
________. This proves beyond any doubt that both
the Loan Agreement dated ____________ and the
Tripartite Agreement dated ________ are
fraudulent, false, forged and fabricated documents
which are null and void in the eyes of law and are
not binding on the parties, and hence the
disbursement of amount of Rs.________/- by the
Respondent to M/s ________ was unauthorised,
illegal and had been done fraudulently at the back
of the Petitioner, which is also in total violation of
the terms and conditions of the Sanction Letter
dated ________ as well as in violation of the terms
 and conditions of the Loan Agreement dated
____________ and also in violation of terms and
conditions of the Tripartite Agreement dated
________.
(vi) That in Clause No.__ of the Tripartite Agreement
dated _________ executed between M/s ________, the
Petitioner and the Respondent, it has been stated that
the Respondent shall make payment to M/s ________,
as per Apartment Buyer’s Agreement dated…………..
executed between M/s ________, and the Petitioner.
This proves beyond any doubt that the Loan of
Rs.________ could be disbursed by the Respondent to
M/s __________________ only after the execution of
the Apartment Buyer’s Agreement by M/s
__________________ with the Petitioner. It is
submitted that even till date no Apartment Buyer’s
Agreement dated……. has been executed between M/s
________, and the Petitioner and hence, it is further
proved beyond any doubt that the Respondent in
connivance and conspiracy with M/s ________
unauthorisedly illegally and fraudulently disbursed an
amount of Rs.________/- to M/s ________  on
________ without even waiting for the execution of
the Apartment Buyers Agreement by M/s ________
with the Petitioner(which was a precondition which
was a pre condition of clause No.__. Tripartite
Agreement dated _________ executed between M/s
________, the Petitioner and the Respondent as well
precondition of Clause No.__ and Clause No.__ of
Sanction Letter dated ________ and also precondition
of Article 3 of the Loan Agreement dated ________.
This proves beyond any doubt that both the Loan
Agreement dated ____________ and the Tripartite
Agreement dated ________ are fraudulent, false,
forged and fabricated documents which are null and
void in the eyes of law and are not binding on the
 parties, and hence the disbursement of amount of
Rs.________/- by the Respondent to M/s
________ was unauthorised, illegal and had been
done fraudulently at the back of the Petitioner,
which is also in total violation of the terms and
conditions of the Sanction Letter dated ________ as
well as in violation of the terms and conditions of
the Loan Agreement dated ____________ and also
in violation of terms and conditions of the
Tripartite Agreement dated ________.
(vii) That in Clause No.__ of the Tripartite Agreement
dated _________ executed between M/s ________, the
Petitioner and the Respondent, it has been stated that
the entire loan is to be repaid to the Respondent by the
Petitioner in accordance with the Loan Agreement is
________ signed between the Petitioner and the
Respondent. There is no Loan Agreement dated
________ signed and executed between the
Respondent and the Petitioner and the Loan
Agreement which has been in fact signed and executed
between the Respondent and the Petitioner is dated
________ which is also fraudulent, false, forged and
fabricated. It is a matter of record that Clause No.__ of
the Sanction Letter dated ________ provides that a
Loan Agreement acceptable to the bank and other
documents in relation thereof shall be executed by
the Borrower. The terms and conditions of the
Loan Agreement shall supersede all previous
communications in respect of finance facility. As
per Claus__ it is clear that a Loan Agreement was
required to be executed which could be executed either
on ________ or after ________, but the Loan
Agreement which the bank is relying upon is dated
________, which beyond any doubt proves that the
said Loan Agreement is forged and fabricated
document. The fraud, forgery & fabrication of the
 Loan Agreement & the Tripartite Agreement is further
proved by the facts that in the Tripartite Agreement the
Loan Agreement has been shown as dated ________
whereas the Sanction Letter has been shown as dated
________. This proves beyond any doubt that both
the Loan Agreement dated ____________ and the
Tripartite Agreement dated ________ are
fraudulent, false, forged and fabricated documents
which are null and void in the eyes of law and are
not binding on the parties, and hence the
disbursement of amount of Rs.________/- by the
Respondent to M/s ________ was unauthorised,
illegal and had been done fraudulently at the back
of the Petitioner, which is also in total violation of
the terms and conditions of the Sanction Letter
dated ________ as well as in violation of the terms
and conditions of the Loan Agreement dated
____________ and also in violation of terms and
conditions of the Tripartite Agreement dated
________.
(viii) That in Clause No.__ of the Tripartite Agreement
dated _________ executed between M/s ________, the
Petitioner and the Respondent, it has been stated that
the Petitioner’s copy of the Apartment Buyer’s
Agreement entered into between the Petitioner & M/s
________ shall be kept in safe custody of the
Respondent till the terms and conditions of grant of
loan are complied with. This proves beyond any doubt
that the Loan of Rs.________ could be disbursed by
the Respondent to M/s __________________ only
after the execution of the Apartment Buyer’s
Agreement by M/s __________________ with the
Petitioner. It is submitted that even till date no
Apartment Buyer’s Agreement dated……. has been
executed between M/s ________, and the Petitioner.
This proves beyond any doubt that both the Loan
 Agreement dated ____________ and the Tripartite
Agreement dated ________ are fraudulent, false,
forged and fabricated documents which are null
and void in the eyes of law and are not binding on
the parties, and hence the disbursement of amount
of Rs.________/- by the Respondent to M/s
________ was unauthorised, illegal and had been
done fraudulently at the back of the Petitioner,
which is also in total violation of the terms and
conditions of the Sanction Letter dated ________ as
well as in violation of the terms and conditions of
the Loan Agreement dated ____________ and also
in violation of terms and conditions of the
Tripartite Agreement dated ________.

z9) That the Petitioner realized that the blank Loan Agreement (which
later on was dated ____________ by the Respondent), as well as the
blank Tripartite Agreement dated (which later on was dated
_________ by the Respondent), was got signed by the Respondent
from the Petitioner in good faith, but fraudulently on false assurance,
representations, representations & promises that the blank columns
in the Loan Agreement and the Tripartite Agreement shall be filed
in later on and that too only after due compliance by the Respondent
of the following conditions;
a) The Petitioner having made the payment of total Sales
Consideration minus Sanctioned Loan Amount from
its own contribution to M/s ________.
b) The confirmation of allotment of the “Residential
Apartment” by M/s ________ in favour of
the Petitioner.
c)        The Apartment Buyer’s Agreement in respect of the
said “Residential Apartment” (which is a title
document of the said “Residential Apartment”) is
executed by M/s ________ with the Petitioner.
d)        The said “Residential Apartment” Buyer’s Agreement
is deposited as equitable mortgage with the
Respondent by way of Security against release of
 Sanctioned Loan Amount of the “Residential
Apartment” by the Respondent to M/s ________ on
behalf of the Petitioner.
The Respondent also made false & fraudulent assurances &
representations & promises to the Petitioner that after the blank
columns are filled-in in the blank document of the Loan Agreement
and the Tripartite Agreement got signed in good faith by the
Respondent from the Petitioner, the Respondent will inform the
Petitioner & provide a copy of the same to the Petitioner. The
Respondent however did not provide a copy of the same to the
Petitioner. That in order to cover up their cheating, fraud, forgery,
extortion and conspiracy, the Respondent is trying to play smart and
has filed OA before DRT for recovery of the amount fraudulently,
illegally and unauthorized disbursed by the Respondent to M/s
__________________ contrary to the terms and conditions of the
Sanction Letter dated ________, Loan Agreement dated
____________ and Tripartite Agreement dated ________ and the
Respondent has obtained Order for the attachment of the Bank
Account of the Petitioner when in view of clause ____and ___ of the
Loan Agreement dated ________ DRT has no jurisdiction.

z10) That the in view of the Sequence of Events mentioned herein above
more particularly in para Nos.__ to __, it is proved beyond any
doubt that the Loan Agreement dated ____________ as well as the
Tripartite Agreement dated _________ are fraudulent, forged and
fabricated documents as the Loan Agreement dated ____________
as well as Tripartite Agreement dated _________ was got signed in
good faith by the Respondent from the Petitioner fraudulently on
false assurances, representations and promises of Respondent which
are mentioned in the preceding paragraph and the same are not
repeated here for the sake of brevity. It is settled law that any
contract which has been got signed fraudulently or by playing
fraud or by fabrication & forgery shall be null & void in the eyes
of law and shall not be binding on the parties even if it bears the
signature of the parties. It is therefore submitted that the Loan
Agreement dated ____________ as well as Tripartite Agreement
dated _________ are fraudulent, forged and fabricated documents
and are null & void in the eyes of law & are not binding on the
 parties. The Petitioner is therefore entitled to seek a separate
declaration that the Loan Agreement dated ____________ is
fraudulent, forged and fabricated and is null & void in the eyes of
law and is not binding on the parties, with consequential relief that
that the Respondent have in connivance and conspiracy with M/s
________ have unauthorisedly illegally and fraudulently disbursed
an amount of Rs.________/- to M/s ________  on ________ as the
said disbursement has been done in total violation of the terms and
conditions of the Sanction Letter dated ________ as well as in
violation of the terms and conditions of the Loan Agreement
dated ____________ and also in violation of terms and
conditions of the Tripartite Agreement dated ________. That
while the Petitioner shall also separately file Criminal Complaint
under Section _______________ & _______ Indian Penal Code
against the Respondent before the Illaqua Magistrate, Gurgoan
seeking their prosecution.

The Petitioner is also entitled to seek a separate declaration that the

Tripartite Agreement dated _________ is fraudulent, forged and
fabricated and is null & void in the eyes of law and is not binding on
the parties, with consequential relief that that the Respondent have in
connivance and conspiracy with M/s ________ have unauthorisedly
illegally and fraudulently disbursed an amount of Rs.________/- to
M/s ________  on ________ as the said disbursement has been done
in total violation of the terms and conditions of the Sanction
Letter dated ________ as well as in violation of the terms and
conditions of the Loan Agreement dated ____________ and also
in violation of terms and conditions of the Tripartite Agreement
dated ________.

z11). That in the Loan Agreement dated ____________, there is an

Arbitration Clause No. ____which reads as under:-
“Unless the same falls within the jurisdiction of the Debts
Recovery Tribunal under the Recovery of Debts Due to Banks and
Financial Institution Act, 1993 or any other competent authority
for Debt related disputes constituted in any other law in future or
which are in force, any and all claims and disputes arising out of
 or in connection with this Agreement or its performance shall be
settled by arbitration by a single Arbitrator to be appointed by the
Bank. The venue of arbitration shall be in either Mumbai or
_____ or Chennai or Kolkata or at the Concerned Branch at the
sole discretion of the Bank. The arbitration shall be conducted
under the provisions of the Arbitration and Conciliation Act, 1996
or any statutory modification or re-enactment thereof for the time
being in force and the award of such Arbitrator shall be final and
binding upon the Parties hereto”.

z12) That in Tripartite Agreement dated _________ there is Arbitration

Clause No.17 which reads as under :-

“Clause No.____

In case of any dispute or difference whatsoever arising among the

parties out of or relating to the construction, meaning, scope
operation or effect of this Agreement the Parties shall first
endeavor to reach an amicable settlement through mutual
consultations and negotiations. If the parties are unable to reach
an amicable settlement within __ days from the date on which
dispute arose, such dispute shall be referred to arbitration, each
party shall appoint one arbitrator. Such arbitration shall be
conducted in accordance with the provisions of Arbitration and
Conciliation Act, 1996 or any salutatory modification thereof. The
language of the arbitration shall be English. The venue of
arbitration shall be _____.”

z13) That in view of the facts and circumstances narrated hereinabove,

and specially in the background that serious disputes have arisen
between the Respondent and the Petitioner in relation to the Loan
Agreement dated ________ and that further serious disputes have also
arisen between the Petitioner, the Respondent and M/s
__________________ in relation to the Tripartite Agreement dated
________, the Petitioner is entitled to seek the following reliefs:-

(i) Declaration that the Loan Agreement dated ____________ is

fraudulent, forged and fabricated documents and is null & void in
 the eyes of law and is not binding on the parties, with
consequential relief that that the Respondent have in connivance
and conspiracy with M/s ________ have unauthorisedly illegally
and fraudulently disbursed an amount of Rs.________/- to M/s
________  on ________ as the said disbursement has been done
in total violation of the terms and conditions of the Sanction
Letter dated ________ as well as in violation of the terms and
conditions of the Loan Agreement dated ____________ and also
in violation of terms and conditions of the Tripartite Agreement
dated ________.
(ii) Declaration that the Tripartite Agreement dated _________ is
fraudulent, forged and fabricated documents and is null & void in
the eyes of law and is not binding on the parties, with
consequential relief that that the Respondent have in connivance
and conspiracy with M/s ________ have unauthorisedly illegally
and fraudulently disbursed an amount of Rs.________/- to M/s
________  on ________ as the said disbursement has been done
in total violation of the terms and conditions of the Sanction
Letter dated ________ as well as in violation of the terms
and conditions of the Loan Agreement dated ____________
and also in violation of terms and conditions of the Tripartite
Agreement dated ________.

z14) That in view of the facts and circumstances narrated hereinabove,

and specially in the background that serious disputes have arisen
between the Respondent and the Petitioner relating to Loan
Agreement dated ____________, the Petitioner, served a Legal
Notice dated ______ on the Respondent, and invoked Clause
No.____of the Loan Agreement dated ________ entered between the
Respondent and the Petitioner, and in the said Legal Notice, the
Petitioner proposed the name of Mr. ________, Hon’ble Justice
(Retired), _____ High Court, resident of __________. The Petitioner
in the said Legal Notice dated ______ also NOTIFIED to the
Respondent that in case no reply is received by the Petitioner from
the Respondent in response to this Legal Notice within a period of
30 days then in that event, it shall be presumed that the Respondent
have no objection to Mr. ________, Hon’ble Justice (Retired),
 _____ High Court , resident of ____________ being appointed as
Sole Arbitrator in terms of Clause No. ____ of the Loan Agreement
dated ____________ for adjudication / resolution of disputes or
differences between the Petitioner and the Respondent in accordance
with law. In the said Legal Notice dated ______, it was also further
NOTIFIED to the Respondent that the Petitioner reserves its rights
to approach the Appropriate Court (s) for urgent interim orders to
protect its interest. It is submitted that the name of Shri ________
Hon’ble Justice (Retd.) of _____ High Court as Sole Arbitrator was
suggested only due to the fact that similar Arbitration Proceedings
arising in respect of the same “Residential Apartment” but on a
different dispute having arisen between the Petitioner and M/s
__________________ is already pending before Shri ________,
Hon’ble Justice (Retd.) Hon’ble _____ High Court in terms of the
Order dated ______ of Hon’ble _____ and _____ High Court, details
of which have already been mentioned in the forgoing paragraphs.

z15) That in view of the facts and circumstances narrated hereinabove,

and specially in the background that serious disputes have arisen
between the Respondent, M/s __________________ and the
Petitioner relating to the Tripartite Agreement dated _________, the
Petitioner, served a Legal Notice dated ______ on the Respondent
and M/s __________________, and invoked Clause No.__ of the
Tripartite Agreement dated _________ entered between the
Respondent, M/s __________________ and the Petitioner, and in
the said Legal Notice, the Petitioner proposed the name of Mr.
________, Hon’ble Justice (Retired), _____ High Court, resident of
_________________. The Petitioner in the said Legal Notice dated
______ also NOTIFIED to the Respondent and M/s __________
________ that in case no reply is received by the Petitioner from the
Respondent and M/s __________________ in response to this Legal
Notice within a period of __ days then in that event, it shall be
presumed that the Respondent and M/s __________________ have
no objection to Mr. ________, Hon’ble Justice (Retired), _____
High Court , resident of ________________ being appointed as Sole
Arbitrator in terms of Clause No.____ of the Tripartite Agreement
dated _________ for adjudication / resolution of disputes or
 differences between the Petitioner and the Respondent and M/s
__________________ in accordance with law. In the said Legal
Notice dated ______, it was also further NOTIFIED to the
Respondent and M/s __________________ that the Petitioner
reserves its rights to approach the Appropriate Court (s) for urgent
interim orders to protect its interest. It is submitted that the name of
Shri ________ Hon’ble Justice (Retd.) of _____ High Court as Sole
Arbitrator was suggested only due to the fact that similar Arbitration
Proceedings arising in respect of the same “Residential Apartment”
but on a different dispute having arisen between the Petitioner and
M/s __________________ is already pending before Shri ________,
Hon’ble Justice (Retd.) Hon’ble _____ High Court in terms of the
Order dated ______ of Hon’ble _____ and _____ High Court, details
of which have already been mentioned in the forgoing paragraphs.

z16) DISPUTES IN THE PRESENT PETITION

That since the disputes in the present Petition relate to seeking a
declaration that the Loan Agreement dated ____________ is
fraudulent, forged and fabricated and is null & void in the eyes of
law and is not binding on the parties, with consequential relief that
that the Respondent have in connivance and conspiracy with M/s
________ have unauthorisedly illegally and fraudulently disbursed
an amount of Rs.________/- to M/s ________  on ________ as the
said disbursement has been done in total violation of the terms and
conditions of the Sanction Letter dated ________ as well as in
violation of the terms and conditions of the Loan Agreement dated
____________ and also in violation of terms and conditions of the
Tripartite Agreement dated ________, therefore the said disputes do
not fall within the jurisdiction of the Debts Recovery Tribunal under
the Recovery of Debts Due to Banks and Financial Institution Act,
1993 or any other competent authority as the same is not relating to
any recovery of Debt recovery related disputes. Hence, the Debts
Recovery Tribunal is not competent to decide the disputes in
question and hence the Arbitration Clause No.____ of the Loan
Agreement is applicable and the disputes can only be settled by
Arbitration.
z17) That the amount of the Loan Agreement is ________ crores and
hence this Hon’ble Court has the jurisdiction to entertain and
adjudicate upon the present Petition. It is further stated that this
Hon’ble Court has the Jurisdiction to entertain and adjudicate upon
the present petition in view of Clause No.__ and Clause No.__ of the
Loan Agreement which are reproduced below:-

Clause No.____- Arbitration

Unless the same falls within the jurisdiction of the Debts Recovery
Tribunal under the Recovery of Debts Due to Banks and Financial
Institution Act, 1993 or any other competent authority for Debt related
disputes constituted in any other law in future or which are in force, any
and all claims and disputes arising out of or in connection with this
Agreement or its performance shall be settled by arbitration by a single
Arbitrator to be appointed by the Bank. The venue of arbitration shall
be in either Mumbai or _____ or Chennai or Kolkata or at the
Concerned Branch at the sole discretion of the Bank. The arbitration
shall be conducted under the provisions of the Arbitration and
Conciliation Act, 1996 or any statutory modification or re-enactment
thereof for the time being in force and the award of such Arbitrator
shall be final and binding upon the Parties hereto.

Clause No.__- Jurisdiction

In the event that the claim or dispute does not fall within the jurisdiction
of the Debts Recovery Tribunal established under the Recovery of Debts
Due to Banks and Financial Institution Act, 1993 for the purposes of
arbitration mentioned in Clause ____and subject to the provision of
clause ____above, the Courts aforesaid where the venue of arbitration is
decided, or if law does not permit the same, the Courts of the city in
which the concerned service branch of the Bank is situated, shall have
exclusive jurisdiction in respect of any suit, petition, reference of other
filing permitted or required to be made pursuant to the Arbitration and
Conciliation Act, 1996 in respect of the matters arising out of this
Agreement including without limitation, a petition for appointment of an
arbitrator or arbitrators under section 11 of the Arbitration and
Conciliation Act, 1996.

z18) That the present Petition is filed in time and is within the provisions
of the Limitation Act. The cause of action to file the present Petition
 arose on _____, when the Petitioner got a copy of the Loan
Agreement which was filed by the Respondent before the Ld. Trial
Court, ________ alongwith the Written Statement filed by the
Respondent in response to the Suit No.________ of ____ filed by
the Petitioner before the Ld. Trial Court. The cause of action further
arose on ______ when M/s. __________________ filed its Written
Statement on _____ before the Hon’ble Sole Arbitrator Shri
________ Hon’ble Justice (Retd.) of Hon’ble _____ High Court and
alongwith the Written Statement dated _____, M/s.
__________________ filed various documents and in the said
documents M/s. __________________ also filed a Tripartite
Agreement dated _________ executed between M/s.
__________________, the Petitioner & the Respondent. The cause
of action is still subsisting and is continuing one.

z19) That as an interim measure, the Petitioner is filing the accompanying

Petition before this Hon’ble Court to protect its legal rights.

z20) PRIMA FACIE A FIT AND VERY STRONG CASE FOR

URGENT INTERIM ORDERS
(a) That prima facie it is a fit and very strong case where urgent
interim orders may be passed and it would be most fair and in
the interest of justice that interim orders may be granted in
favour of the Petitioner and the rights of the Petitioner be
protected.

(b) It is submitted that in view of the following short

submissions, no prejudice and /or loss of any nature,
whatsoever, will be caused to the Respondent in case the
interim orders are passed in favour of the Petitioner.

(i) It is an admitted fact that till date there is no confirm

allotment of the Residential Apartment as M/s
__________________ have still not yet executed any
Apartment Buyer’s Agreement with the Petitioner.
Hence the Respondent unauthorisidely, illegally and
fraudulently disbursed a loan of Rs.________/- to M/s
__________________ without waiting for the
 confirmation of allotment of the said “Residential
Apartment” by M/s __________________ and without
even waiting for the execution of Apartment Buyer’s
Agreement by M/s __________________ in favour of
the Petitioner which was a pre condition of Clause
No.__ and Clause No.__ of the Sanction Letter
dated ________, and also a pre condition of Article
No.__ of the Loan Agreement dated ________ and
also a pre condition of Clause No.__ and Clause
No.__ of the Tripartite Agreement dated ________.

(ii) That vide letter dated ____________, the Petitioner

categorically informed the Respondent that the
Respondent illegally, unauthorisedly and fraudulently
disbursed an amount of Rs.________/- to M/s
__________________ on behalf of the Petitioner
without the consent of the Petitioner and without the
Security of Apartment Buyer’s Agreement, and
without waiting for the Petitioner to discharge its
obligation of payment of Rs._______/- to M/s
__________________ from its own sources. Against
the said fraudulently disbursed amount of
Rs.________/-, the Respondent have already extorted
an amount of Rs.________/- from the Petitioner from
________ to ____ under the garb of EMI, through the
fraudulently obtained ECS Forms and hence the
Petitioner is willing to refund the net amount of
Rs.________/- (i.e. Rs.________/- – Rs.________/-), to
the Respondent on receiving a written confirmation
from the Respondent in this regard.

(iii) That since till date there is no confirm allotment of the

Residential Apartment as no Apartment Buyer’s
Agreement has been executed by M/s
__________________ with the Petitioner, M/s
__________________ is liable to refund to the
Petitioner the amount of Rs.____/- paid by the
Petitioner to M/s __________________ alongwith
interest @___% per annum as well as liable to refund
to the Petitioner, the amount of Rs.________/-
alongwith interest calculated @ Rs.__% per annum
against the amount of Rs.________/- paid by the
Respondent to M/s __________________ for and on
behalf of and to the account of the Petitioner. This has
been categorically agreed and undertaken by M/s
__________________ in opening para __ of the
Application Form for Registration of Allotment of
Residential Apartment, signed by the Petitioner with
M/s __________________. The said opening para 6 of
the Application Form reads as under:-
“I/We agree and understand that in case the
Company does not provisionally allot the apartment
within a period of __ (__) months from the end of
the month in which the application for allotment is
submitted by me/us for any reason whatsoever, then
this application shall be treated as cancelled only at
the sole discretion of the Company and deposit paid
by me/us shall be refunded to me/us without any
interest, claim, right, title etc. of me/us against the
stated apartment and /or the Company within __
days of the date of communication of its decision.
I/We have clearly agreed and understood that if
due to any reason the Company is not in a position
to finally allot an apartment applied for within a
period of one year from the date hereof, I/we
would like to have refund of the amount deposited
with simple interest at the rate of __% per annum
calculated for the period for which the said
amount has been lying with the Company. The
decision of the Company regarding non allotment
of the apartment shall be final, conclusive and
binding on the parties and shall not be called in
question in any Court of Law. Further, I/we have
read, understood and signed Salient Terms and
Conditions of Allotment and Sale attached to this
application from and I/we agree to abide and to be
bound by the terms and conditions of the allotment
and sale as laid down therein. I/We further agree
to sign and execute, as and when desired by the
Company, the Apartment Buyers’ Agreement on
the Company’s standard format, contents of which
have been read and understood by me/us and I/we
agree that until the Apartment Buyers’ Agreement
is signed and executed by both the company there
shall be no completed contract of sale and I/we
shall not be entitled to enforce the same in the
Court of Law.”
(iv) It is a matter of record that the Application form was
submitted by the Petitioner to M/s
__________________ on _____ and till today (i.e.
after expiry of over ____ years no Apartment Buyer’s
Agreement has been executed by M/s
__________________), therefore in view of the
aforesaid opening Para 6 of the Application Form, M/s
__________________ is liable to refund the following
amounts to the Petitioner as well as to the Respondent
as on_____.

(I) Amount liable to be refunded by the M/s

__________________ to the Petitioner against the
amount of Rs._____/- paid by the Petitioner to the
M/s __________________
(A) Amount paid by the
Petitioner to the
M/s ____________ Rs._____/-
(B) Date of Payment
________
(C) No. of Days till_____ ______
(D) Interest @9% per annum Rs._________/-
(E) Total Amount Refundable
(A+D) Rs.________/-

(II) Amount liable to be refunded by the M/s

__________________ to the Petitioner against the
amount of Rs.________/- paid by the Respondent to
M/s __________________ for and on behalf of and
to the account of the Petitioner.

(A) Amount paid by the

the Respondent.
to M/s __________________
Rs.________/-
for and on behalf of
and to the account of the
Petitioner
(B) Date of Payment
________
(C) No. of Days till _______ _____
(D) Interest @9% per annum Rs._______/-
(E) Total Amount Refundable
(A+D) Rs.______/-
(III) Total amount refundable
 by the Respondent to the
Petitioner (1+2) Rs._____/-
(v) The Petitioner submits that the Respondent have
already received an amount of Rs.________/- from the
Petitioner and hence against the unauthorized disbursal
of an amount of Rs.________/-, the Respondent is
entitled to receive balance amount of Rs.________/-
(i.e. Rs.________/- - Rs.________/-) from M/s
__________________ for and on behalf of and to the
account of the Petitioner. The Petitioner undertake
and agree before this Hon’ble Court that the
Petitioner has NO OBJECTION and permit / allow
the Respondent to take from M/s
__________________ for and on behalf of and to
the account of the Petitioner the refund of an
amount of Rs.________/-, out of the amount of Rs.
Rs.__________/-, and the balance amount of
Rs._________/- (i.e. Rs.__________/- -
Rs.________/-), M/s __________________ is liable
to refund to the Petitioner.

z21) That it is settled proposition of law that commencement of any

arbitral proceedings is not pre-condition for exercise of powers by
the Hon’ble Court under Section 9 of the Act. The Hon’ble Court
has powers to grant Interim relief to protect the interest of the
parties. It has also been held in catena of Judgments of the Hon’ble
Supreme Court that Section 9 of the Arbitration and Conciliation Act
1996 only deals with interim measures by the court, and in a fit case
where interest of parties ought to be protected, such interim orders
may be passed under section 9 of the Arbitration and Conciliation
Act 1996.

NON FILING PARA

(8) That the Petitioner has not filed any other or similar petition before
this Hon’ble Court or in Hon’ble Supreme Court of India.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may kindly
be pleased to –

(a) Pass an ex-parte ad-interim order restraining the Respondent from

in any manner, taking any action, more particularly coercive action
against the Petitioner such as auction/sale of the “Residential
Apartment” and attachment of the Bank Accounts of the Petitioner
etc. etc. in pursuance to the fraudulent, false, forged and fabricated
Loan Agreement dated ____________ which is null and void in the
eyes of law and is not binding on the parties;

(b) Pass ex-parte ad-interim orders in terms of Prayer (a) above

(c) Pass any other or further order(s) as this Hon’ble Court may deem
fit and proper in the given facts and circumstances of the case in the
interest of justice.

Prayed accordingly.
Affidavit is filed in support.

PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
 IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

AFFIDAVIT

I, ________, S/o Shri ________, aged about ___ years, resident of __, Raj
_________, do hereby solemnly affirm and state as under:-
1. That I am the Director of the Petitioner and have been duly
authorised by Board Resolution dated ________ in the above case and
conversant with the facts of the case & hence competent to affirm this
affidavit.
2. That the accompanying petition has been drafted by my counsel on
my instructions. The contents of the same are not being reproduced here
for the sake of brevity but those may kindly be read as part & parcel of this
Affidavit.
3. That the contents of the Affidavit are true & correct to my
knowledge.

DEPONENT
Verification:

Verified by me at _____ on this the ___ day of _________, _____ that the
contents of the above Affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

APPLICATION FOR EXEMPTION UNDER SECTION 151 C.P.C

Most Respectfully Sheweth :

1. That the Petitioner has filed the accompanying Petition in this

Hon’ble Court. The contents of the same are not being reproduced here for
the sake of brevity but those may kindly be read as part and parcel of this
application. The Petition also have insufficient left side margin.
2. That the Petitioner has filed true/photo copies of documents
alongwith the Petition. The certified copies of the same are being applied
and those shall be filed in this Hon’ble Court as soon as they are received
from the Branch.
PRAYER

It is therefore most respectfully prayed that the present Petition may kindly
be heard on the strength of insufficient left side margin and on the strength
of true/ photo copies of the documents and the filing of certified copies may
not be insisted upon at this stage, in the given facts and circumstances of
the case in the interest of justice.
Prayed accordingly.

Affidavit is filed in support.

 PETITIONER

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………

Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF _____ AT _____

O.M.P. NO. OF _____

IN THE MATTER OF

M/s____________________ ….Petitioner

Versus

____________________Bank …. Respondent

AFFIDAVIT

I, ________, S/o Shri _________, aged about ___ years, resident of

___________, do hereby solemnly affirm and state as under:-
1. That I am the Director of the Petitioner and have been duly
authorised by Board Resolution dated ________ in the above case and
conversant with the facts of the case & hence competent to affirm this
affidavit.
2. That the accompanying application for exemption has been drafted
by my counsel on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read as part
& parcel of this Affidavit.
3. That the contents of the Affidavit are true & correct to my
knowledge.

DEPONENT
Verification:
Verified by me at _____ on this the ___ day of ________, _____ that the
contents of the above Affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.

DEPONENT