https://www.taxtmi.com/caselaws?id=257570 Allegations that a mortgage transaction and supporting sale deed were fraudulent justified interim restraint on bank recovery proceedings while the civil suit remained pending. The civil court's jurisdiction to examine the genuineness of the underlying document and legality of the transaction was preserved because the suit had crossed the threshold of maintainability, issues were framed, and evidence was being recorded. Continuation of recovery before final adjudication would risk irreparable prejudice to the borrower, while the bank's interest remained protected if the suit ultimately failed. On that equitable basis, recovery against the property was stayed until final judgment in the suit. en-us Fri, 16 Jan 2015 00:00:00 +0530 Mon, 16 Mar 2015 10:55:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257570 Allegations that a mortgage transaction and supporting sale deed were fraudulent justified interim restraint on bank recovery proceedings while the civil suit remained pending. The civil court's jurisdiction to examine the genuineness of the underlying document and legality of the transaction was preserved because the suit had crossed the threshold of maintainability, issues were framed, and evidence was being recorded. Continuation of recovery before final adjudication would risk irreparable prejudice to the borrower, while the bank's interest remained protected if the suit ultimately failed. On that equitable basis, recovery against the property was stayed until final judgment in the suit. Case-Laws Indian Laws Fri, 16 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257570