Dear Sir, We had one shipment from Saudi through there sales office based in Dubai, it was plastic raw material. shipment is done in Jan and arrived in Feb. As per the contract, we have agreed on the description of goods and results of the test was shared.
Seller provided us test results/actually it was fabricated, we came to know at the later stage.
Seller after loading container sent us pictures of loading with the closing container and sealed it and provided us seal number. But the seal was changed twice as per BL copy.
When the container arrived at Nhava Sheva we have cleared it and took this to Telangana, when we tested we have found material was not up to the mark. Seller doesn't want to listen nor want to negotiate.

how we can solve this by filing a complaint to DGFT or Indian Embassy or chamber of commerce or any other course of action. The seller has good business in India as well.

Regard;s


Answer now

Sir/Madam,

I am from West Delhi, Paschim VIhar.

1. I gave earnest money for 2 shops of Central Delhi.

2. Sellers neither gave me shops not double of the Bayana.

3. I filed the lawsuits in arbitration and won both the Cases.

4. Then I filed the Execution of both the "Arbitral Awards" and both the Execution Courts found my Award executable and both the Courts asked me to take the possession of both the shops.

5. Almost one years back, I took the possession of One of the shops. But within One hour a Manager of Union Bank of India came there and told me that UBI had financed those shops as well as many other portions of that Building and UBI had taken the possession of those shops as well as other floors via CMM. We exchanged our Court Orders.

6. After the passage of some time, UBI filed Objection in one of my Execution Court. Now the matter is pending for Argumentation.

7. Meanwhile, I have found several discrepancies in financing procedure of UIB used for those properties.

a) One of those shops was not owned by the UBI borrower.

b) UBI financed 4th floor, whereas in Delhi 4th floor is illegal.

c) UBI financed 30% undivided share in the basement, whereas it is impossible to take the possession of an undivided share without going through partition suit, if not given by consent.

d) UBI did not allocate the Loan of 90 Lakhs separately to each property but treated 5 properties collectively as one Unit.

e) Even after taking the possession through CMM, UBI did nothing to monetize these properties for a period of one Year. Not a single auction was arranged by UBI.

f) There were no proper boundary walls of the shops on the backside. Even after taking the possession from CMM Court, UBI did not try to erect these walls to secure the physical possession of the shops. Those walls had been erected by me.

NOW I WANNA Challenge the Judgement taken by UBI on the basis of Collusion/ Fraud, whereas I was not a party to that suit.

But right now UBI has submitted an objection in the Execution Court, from which I got the Order to take the possession.

Therefore now the hurdle is UBI's Order for me.

Where/how to challenge UBI's Judgement? In which Court, under which Act/Section?

My view till now is, formed by internet research, I have the best option to challenge in CMM court, the same court from which UBI took the Order, u/s 44 Evidence Act.

Sir/ Madam, What is your considered opinion? What is the Best Option?


Answer now

12 July 2019 at 06:45

Stamp paper

If an Arbitrator issues an award on Rs.100/- stamp paper and writes in the award that claimant may may pay balance applicable stamp duty at the time of execution?

WILL THIS AWARD BE A VALID AWARD FROM LEGAL POINT OF VIEW AND CANNOT BE CHALLANGED ON THE ISSUE OF STAMP DUTY, WHICH WILL BE PAID AT THE TIME OF EXECUTION OF AWARD?


Answer now

I want to know whether the grant of compensation / award in land acquisition proceeedings are proof of title. Are there any case laws on this point


Answer now

07 June 2019 at 22:56

Options

IF A PARTY DOES NOT BOTHER TO PAY ARBITRATOR FEE WHAT ARE THE OPTIONS FOR ARBITRATOR AT THE STAGE WHEN AWARD IS RESERVED.


Answer now

When non judicial stamp paper of rupees fifty introduced by government in state of Maharashtra and in india


Answer now

08 April 2019 at 17:43

Accident surgery medical bills

Respected sir My self Dhruv Vishnuprasad Vaishnav from Botad My father Vishnuprasad/Vishnubhai Shantilal Vaishnav Have been road accidented in 2003. (First operation amount we get from when my father service as GM of pvt ltd bank so court not given us amount of this,in my father presents which held in sterling hospital Ahmedabad Gujarat. My Father have totally Bad rest for app. 10 month total salery not getting but my fathers whole service time of 32 yeras Leaves and other benefit bank give to my father so i have question can we demand to getting Basic salary and bonus etc? another surgery in below mentioned hospital surgery bill cost not getting because we have been missed original documents bills and others )and due to accident surgery from Medi-surge in 2004-05 ( Now Medi surge HCG HOSPITAL) mithakhali six road, Elisbridge Ahmedabad.our MACT case now in board and tell us for giving bill so how can we getting this? My father was passed away in 2005, Origiinal bill missed .we are in so many financial problems so please be needful for us and getting this bill and we give to court and court order to pay us billing amount. I also contact hospital but they tell me we have not any record as per you saying.i think they not proper investigation for records. We pray to give proper advice how and what we can do for getting duplicate Bills I wish you reply as soon as possible.Thanking you, Dhruv Vishnuprasad Vaishnav Mo.9909615550


Answer now

Sir,
I have to take sign of gazetted officer on my attestation form on identity certificate attached with it. I have taken sign of gazetted officer officer but he doesn't know me personally, but he mentioned that he has known me from six months and the information given by me is correct. When police verification is done about my identity then whether it is questioned from me how i know that gazetted officer.


Answer now

Hi I want an expert to check and correct me in writing a letter to the Chief Justice of Bombay HC.
My format is as below please read it and if any corrections please advice asap.
Thanks in advance.
FORMAT:
From: Pradeep Dattatray Bhaigade
Address: ABCDEF
Cell No: 00000000
Date:
To,
The Hon’ble Chief Justice of Bombay High Court,
Your Honor,
SUBJECT: The purpose of this letter is to save the precious time of the Hon’ble High Court regarding WP No 2257/2018 (Reg No 103/2019)
I am Pradeep Dattatray Bhaigade, 44 years old is the Respondent No. 6 in WP 2123/2018, 2209/2018 and 2223/2018.
WP (L) no 2123/2018 filed by Advocate H. S. Anand on behalf of Rajendra Vishwakarma and Others is clubbed with WP (L) no 2209/2018 and WP (L) no 2223/2018 heard by Hon’ble Justice G. S. Kulkarni.
The above Writ Petitions were on board of the Hon’ble High Court on on 13 December 2018 where I was present in person as Respondent No. 6 and the matter is CLOSED FOR ORDER as per the Lordship’s directions.
Just want to add that the Applicant and his advocate H S Anand wants to delay the evictions orders passed by the Competent Authority of SRA. They are very much successful in doing so because although there is no relief grant by the Hon’ble High Court the SRA is not willing to execute the eviction order passed by the Dy. Collector, Competent Authority on 27th July 2015.
To continue such kind of delay and enjoying the illegal possession of Rehab Building rooms Applicant Gaurav Shetty through Advocate H S Anand have filed one more WP (L) no 2257/2018 for the same SRA rehab tenement and same society. Gaurav Shetty’s previous WP (L) No was 2209/2018 (Reg No is WP 3131/2018).
Justice Delayed is Justice Denied, we heard in news and magazines to avoid more delay and save the precious time of the Hon’ble High Court We write this letter to the Hon’ble Chief Justice Sir and request My Lordship tokindly look into the matter on priority basis because illegal occupants are having the possession of 5 rooms since 2007 till date.
Hon’ble Shri Justice G. S. Kulkarni already heard same 3 writ petitions (Closed for Order) and hope will be issuing an order of the same sooner or later.
We like to request The Hon’ble Chief Justice of Bombay High Court to allot the WP (L) No 2257/2018 (Reg No. WP 103/2019) to The Justice G. S. Kulkarni as he already handled three Writ Petitions of the same society, same advocate and the same SRA Scheme it will definitely save the precious time of the Hon’ble High Court.
WP (L) No 2257/2018 (Reg No. WP 103/2019) is now alloted to The Justice S. C. GUPTE sir but no hearing takes place till today 4th March 2019.


Answer now

Branch Office , Bhopal of PNB Housing Fin.Ltd.is not giving already prepared loan cheques(mentioned in registered sale deed of house) to seller of house , even 20 days after , receiving original registered sale deed of 28-1-19, original registered sale deed of March 2006 of adjoining house on same size of plot of same purchaser/borrower and mortgage deed of 30-1-19.The dealing official told to seller of the house , for the first time i.e.after registration of sale deed that the cheques will be given only after production of letter of Namantaran(नामान्तरण ) of whole leasehold plot by Leasor M.P.Housing Board in favour of the
purchaser/borrower.Namantaran process may take 2-3 months.
Is there any way for receiving cheques, as early as possible, before Namantaran alongwith interest @9.5% , being charged from borrower upto date of receipt of cheques.


Answer now






×

  LAWyersclubindia Menu