Bank Of India — bank of india not paying our legitimate charges for your hard labor.

Callinan

from Savantvadi, Maharashtra

Address:

Pune, Maharashtra, 411037

We have worked for 127 months on contractual basis as per request of bank and in the interest of bank and as per orders of a judicial process the drt pune. We have worked without a single complaont
But after paying for few months bank informed that it had entered into settlement with its borrower and therefore bank did not want us to be continued, but drt as per whose orders we were working refused to discontinue unless from orders with appropriate authority. After waiting for about sixty months then we invoked provisions of msmed act 2006 before msmedf council pune. An award was granted in our favour against drt/bank. The award was upheld by the district court pune in mca352/13, and high court bombay in ara15/14. After the award attained finality and in absence of any stay the we were granted some amount in execution proceedings. However the bank with help of a very big advocate could misguide the supreme court of india on the basis of frustrated documents and get the award set aside. The supreme court of india ruled that msmedf council does not have jurisdiction to pass an award for our grievance of delayed payment with penal interest as per provisions of msmed act 2006, against the drt/bank. The supreme court of india was of the opinion that we ought to have agitated our grievance of delayed payment with penal interest as per provisions of msmed act against drt before drt itself. However as per law the msmed act 2006 has exclusive jurisdiction with overriding effect to act as an arbitrator of dispute of delayed payment with interest. We have filed a review petition immediately on 20.12.2017 however bank says that the review petition do not succeed. They have filed an application and sought orders directing us to repay what was delivered in execution court after due process of law. What we received in execution proceedings was immediately paid to some creditors and some employees. We do not have any money now.in fact since we did not receive our total therefore we are yet to pay many creditors and employees. They are continuously pestering us. Now because we have not repaid as per orders of the execution court bank has filed an application and obtained arrest warrant. And the bank visited our place in our absence. We had gone out on work. Now bank is in process of declaring us as absconded.
Sir we have not commited any crime. We are seeking our legitimate payment as per law. But bank is trying to put us behind bars and close the issue.
We prefer committing suicide rather than being jailed for no mistake of ours.
Please help us to live. We will supply all more details required. And we are ready for punishment if we are wrong.

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Bank Of India customer support has been notified about the posted complaint.

Mar 04, 2018

Updated by Callinan It is a case where judiciary has helped public sector bank to exploit Services of a small SME beyond the existing law under the pretext to protect public funds.The Supreme court has done it at ease and without any fear.. The MSMED Act is especially enacted to ensure delayed payment with penal interest as a matter of right. The Act relies heavily on arbitration Act for speedy disposal of disputes of SMEs of delayed payments from big buyers. The Act is with a progressive, subsequent and with overriding effect to any inconsistencies existing in any other law. The arbitration Act does not allow Judicial intervention in execution of award passed in arbitral proceedings under MSMED ACT 2006. The Act makes it compulsory that the buyer who challenges the award deposits 75%of the due amount before its application for setting aside the award is entertained. However the Supreme court of India has passed a reportable order on 5.12.2017 in CA5150/17, by setting aside an award upheld by two appellate courts, the District court Pune and hIgh court Bombay by not only Judicial intervention in execution proceedings of the award but has reversed the Delivery of justice. The Supreme court of India says that MSMEDF council set up as per provision of MSMED Act 2006 has no jurisdiction to pass an award. The Supreme court of India has opined that our grievance of delayed payment with penalty from DRT/bank ought to have been agitated before DRT itself. The Supreme court of India has given the freedom to Bank to recover what executioner court has delivered to us in administration of justice. And the executioner court has ordered to repay the amount to Bank failing which I would be put in jail. It should be noted that because bank was not paying our legitimate charges therefore we had approached MSMEF council and invoked provisions of MSMEF Act 2006. And the amount was ascertained to be payable by bank to us therefore an award was passed in our favour. The same award was upheld by two appellate courts. And after the award attained finality in eyes of law that it was put for execution. There was no stay and therefore some amount was delivered to us. We were being paid small amount after about 110 months. We were spending from our own resources from borrowings, while there was no Income at all and we were running from court to court for Recovery of our bills from the bank. Soon after we got the money we repaid some of the pending bills, creditors and employees. There is nothing left from that amount. And now executioner court has asked us to return which is impossible. We have filed review petition on 20.12.2017, till date nothing has happened. And bank is repeatedly telling us that review petion do not succeed and there is no other appeal permissible against orders of the Supreme court. So bank has paid some deposit so that court can arrest and imprison us.
But see our tragedy, we have worked sincerely without complain and it is the bank who is exploiting our services by not paying our charges by extraneous consideration and abuse of process of law.. And we are being imprisoned for not being able to return what is ascertained as ours by due process of law.
The bank staff dares to say in the court that Minimum wages Act and the MSMED Act are not applicable to them.
It has become impossible to live because of lack of Income and crediatablity and reputation for providing services as per orders of a Judicial process for a public sector bank.We are in a situation where only Suicide is the only solution.
And the government of India says that it has facilitated flow of delayed payments with penal interest to avoid ickness and Closure of SMEs.

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Comments

jainsofficial

from Ujjain, Madhya Pradesh

Rs 120 have been debited through my bank of India Account for no reason.. plz get the issue resolved and get my hard earned money refund. I don't know why the bank is deducting the money with these hidden charges.. there should be a proper message and communication with its customers
Ac. No. :- [protected]
Account holder :- Shubham Jain

Callinan

from Savantvadi, Maharashtra

This is a stark example as to how oppressive and despotic the public sector is. Bank dares to deny payment in presence of strong laws enacted as per public policy of India like the minimum wages Act, MSMED Act 2006. And when Services are provided at the banks request in the interest of bank itself in administration of justice then bank is bound to pay first and recover same from Recovery proceedings. This is very well established precedent. The bank dares to defy orders of a Judicial process and Stop paying intermittently on its own is mockery of orders of a Judicial proceedings by the public sector bank. The public sector bank had undertaken to pay therefore it has accepted the order an liable to pay till the end of assignment which was in its interest. When once matter is before a judicial authority under statute then it is for the judicial body to decide in the proceedings. It can challenge the order to appropriate authority but cannot enforce actions and acts contrary to those of a judicial body. The bank obtaining orders knowoingly on the basis of frustrated documents to mislead the evidence that possession is given to auction purchaser is a perjury and punishable offence. But bank has been banking on the orders obtained by perjury to enforce its malicious and illegal objectives and the highest court, the Supreme court of India relies on orders which were obtained by perjury and by relitigation or reactivation is highly deplorable and reflects illegal support to bank to achieve banks illegal & malaise objectives which are oppressive. Bank has been deliberately objecting the finality of award with illegal and untenable pleas shows its oppressive intentions against the public policy of India according to which the acts are especially enacted to ensure minimum rate and timely payments. The acts specially barr Judicial intervention in execution proceedings of an award passed in arbitral proceedings especially the one under MSMED Act 2006 but bank has been repeatedly staying execution proceedings of an award passed in arbitral proceedings since 2012 by pending lacs of rupees from public funds to abuse the process of law to achieve illegal objectives against the public policy of India. To plead and to obtain orders that the especially established proceedings to expidit Delivery of delayed pymnt under A subsequent MSMED Act 2006 which is progressive and with explicit overriding effect does not have jurisdiction to grant an award to ascertain delayed payment is a fraud against the public policy of India. This is not acceptable from an organisation who is supposed to be state in terms of Article 12 of constitution of India.