yogesh
13 October 2017 at 20:22
In Consumer case, filed before the Distt Forum, against the nationalized bank for not awrding the interests on two Fixed Depoists, ( Principle amount 45,000 & 43,000 respectively) from 2003 to 2011. The Distt Forum, vide its order in July 2016, in its order directed the bank to calculate the saving interest rate, from 2003 to 2011, and issued 2 fresh FDR within one month
The bank did not comply the order, the execution application was filed . The bank did not appear even after receiving the notices . The court, after receiving the application from Decree Holder, issued bailable warrant returnable October 2017. The bank filed an application, without evens erving the copy to the Complainant, recalled the order of bailable warrant. The court also disposed the application in Septmeber 2017( though communicated for October 2017), by accepting the demand draft of 15000/- from the bank, in the absence of the complainant
My query is
1 Though the Ld Distt forum, has directed the bank to calcaulte the saving interest rate and issue fresh FDR, which normally comes to be 23,000/- and 21,000/- respectively and after interest of 5 years it may goes to 40,000 each respectively( Total 80,000/-), yet the Ld Distt Forum has accepted the meager amount of DD, without even going through its own order?
2 The Bnak has not complied the order of the Ld Distt Forum, but the Distt forum has closed the case, by accepting the DD of Rs 15,000 FROM THE BANK( We have not accepted the DD from the Court),.In such case whether fresh Execution application can be filed, complelling the bank to comply the order? If yes, under which section for filing second execution application/opening of case? Or we should have to file the Revision Petition before the state Commission? Please elaborate on this.?
Aditya Dev
13 October 2017 at 19:21
We are the defendant in a suit under Order 37 filed by the plaintiff for the recovery of Rs. 30,00,000/-. The contract between us also has an arbitration clause. We have still not filed our WS in order 37 case as we want to take the matter into arbitration.There is a liability statement made by the plaintiff which is signed by us. Now the court feels that the sign means that we have accepted the contents of the statement whereas we have only accepted the letter and not the contents. Meanwhile, we have replied to summon of motion wherein we say that the court does not have the power to hear the matter because there is an arbitration clause. The court passes an order against us saying that since we have not disputed the amount so claimed, therefore there is no dispute and since there is no dispute the court is the correct forum before which the suit shall be heard.
What we are trying to say is that since there is an arbitration clause, even the question whether we have accepted the liability or not shall be decided by an arbitrator and not the judge. And as we have not accepted the amount, it makes the amount as disputed and hence arbitration is the proper forum.
My question is whether in this case, Arbitration will prevail over Or. 37 as I feel that even the question of amount being in dispute shall only be addressed by the arbitrator and once there is an arbitration clause, no court has has jurisdiction on the same matter???
M SIVAPAWAN KUMAR REDDY
13 October 2017 at 15:03
Respected sir,
This is sivapavan, my uncle taken business loan 3lakh rupees in shiram chits pvt ltdin 2013. He paid amount 2 lakh rupess after that he had suffered from kidney disease. And not paid money after 6 months he died in 2015 october.after that my aunt has no source to pay. Now they calling and pay 3 lakh rupees.. What we will do sir please tell me any suggestions
Anonymous
13 October 2017 at 14:33
Sir...my father was a government employee....and he died in 2016..In gpf passbook nominee names are written of my mother and mine....but department office are saying it is not attested...u have to bring succession certificate for pension
prakash vka
12 October 2017 at 20:38
I HAVE WON AN OS IN MONEY SUIT AN EP WAS FILED . KACHITDAR WAS ASKED TO PRODUCE THE ITEM THEY PRODUCED ONLY 12 ITEMS OUT OF 33 ITEMS OUT 12 ITEMS 2 WERE DIFFERENT BRAND FOR WHICH THE COURT ORDER TO PAY ME RS 20000/ IN EA 345/2009 - FOR THE TWO COMPUTER . THE EP 14/2007 WAS DISMISSED IN DEFAULT
I FILED A SECOND EP FOR SAME OS 173/2005 . NOW THE QUESTION IS WILL THE ORDER IN EA /345/2009 IN EP 14/2007 STAND STILL STILL THE KYCHITDAR HAVE NOT ADHERE WITH THE ORDERS
sam
12 October 2017 at 16:20
My friends and legal experts- I have a question, my father married another woman while current divorce case in process, his illegal wife gave birth to a child in 1995, but actual divorce case was finished in 1997, he gave birth 2 years before he got divorce .....I am the first wife son. Can I file in court based on illegal child birth certificate. Can I make punishable to his illegal wife now and my father.... what are the pros and cons....!!!!
M Satyanarayana
12 October 2017 at 11:24
Sir,
I got preliminary decree in a partition suit. I applied for final decree proceedings as per the preliminary decree to appoint advocate commission. My counsel did not deposited process for some reasons inspite of reminding by the court and got delayed. My counsel filed restoration petition. My restoration petition for final decree was opposed by the other party. The case was posted for arguments and the same is closed. Now my counsel and myself are waiting for orders for last two months. My final decree application does not attract limitation act and it is an application in a pending suit. Further there is no appeal pending in any court still the trial court is not pronouncing the order inspite of my counsel requesting for order. Why it is delayed for pronouncing the order is not understood by my counsel or myself. Please kindly advise what to do to expedite my final decree proceedings.
Thanking you,
M.Satyanarayana
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Karta
Is karta taken as employee??