Third party One time settlement from Highcourt??
I had project of 18 N.A. bungalow plots in Navi Mumbai. Around 1st week of March 2007, I had made Agreement to Sale with 6 plots to 6 different people. Plot Price was 12 Lakh & additional development charges were 2 Lakh per plot. These Buyers given me Post dated Cheque of Token amount & development charges & entered into Agreement to Sale with me. Immediately After Agreement for sale I issued NOC to mortgage the plot subject to terms & conditions of agreement for sale and then these buyers applied for 80% loan amount with government bank.
Around ending of March 2007, I received 80 % loan amount (around 48 Lakhs) directly from bank but at the same time post dated cheques were bounced. I wrote several letters, legal notices to these buyers & Bank but none were replied. Hence around May 2007, I filled civil suits against these buyers for cancellation of agreement to sale. I was ready to repay the bank after deducting my necessary expense .Suit is still pending against these buyers. (My mistake was I had not filled 138 N.I. cases & I had not made Bank as Party in Civil Suit). These buyers were not coming to court.
In year 2009 Government bank filled case against me & these buyers at DRT Court, Mumbai. Around 2012, DRT issued clean chit to but granted Power to Bank to recover loan amount from buyers by Auctioning of My 6 plots.( My mistake was I had not filled appeal to DRT Case).
In year 2012 Bank filled FIR /Police complaint against only against me, which is still pending in Mumbai Court.
Around June 2016, Bank tried to auction 3 nos. of plot hence I filled civil suits in district court .But my appeal got rejected. Bank has executed Auction but no one appeared to purchase plot.
Around September 2016 I gave written offer of returning 66 Lakh as third party one time settlement. In February 2017 bank officials verbally told me to deposit 20 % of 66 Lakhs then only Higher authorities of bank will decide for settlement. but officially I have no record to prove their willingness.
I want to file consent terms in High Court & Deposit all the amount in high court & then High Court will give guide to lower courts to dispose of the civil & criminal cases against me. Bank not replying anything about this matter. I want to get out of these situations as I already suffer mental pressure & legal expenses. I just want my clear title plots.
Now I want answers to my following queries.
1) As there was no stay from any court , Can I sell disputed plots to third party without any consent from Bank to raise funds for settlement ?
2) How can I make bank official ready to accept my third party one time settlement though High court ???
3) Is third party one time settlement is possible without original Buyers who has taken loan from Bank?? ( I doubt they will not come as they have not appeared in 2007 case also)
4) Any other Method / Alternative to get my plots back to me.