on 23.12.2014 to purchase a flat. Accordingly, an agreement dated 23.12.2014 was executed by defendant no.2 in favour of applicant no.I. Further, on the application of applicant no.1, the respondent bank sanctioned loan amount of Rs.37.50 lacs in favour of applicant no.1 and thereafter tripartite agreement was executed between parties on 30.03.2015. Further, the respondent bank released Rs.30 lacs towards cost of flat in favour defendant no.2 on 30.03.2015 and Rs.7.50 lacs on 27.08.2015. Apart from this, the applicant no.2 has also paid Rs.15 lacs to the defendant no.2 and Rs.5.10 lacs towards EMI. Thus total Rs.58.10 lacs was received by the defendant no.2 but defendant no.2 has not registered the flat to the applicant. Furthermore, the defendant no.2 entered into another agreement for the same very flat with other persons on 08.04.2015 concealing from the applicants and bank also. When these facts came into knowledge of applicants, the applicants were compelled to cancel the agreement dated 23.12.2014 on 06.04.2016 and requested to return the money but the defendant no.2 has not returned the amount except an amount of Rs.50,000/-. The whole incident was brought into the notice of bank vide letter dated 29.12.2017. The applicants have also lodged an FIR bearing P.S. Case No. 247/2018 before the concerned Police Station. After a while, the defendant no.2 submitted a cheque of Rs.45 lacs to the applicant but the same was bounced for which Complaint Case No. 1172 of 2020 was registered before C.J.M. Patna which is pending.
