roger fredrick
19 February 2012 at 16:19
Dear experts I had an OD account and due losses it was declared NPA three years back. A suit was filed and decreed and the process of auction is underway. AS I got some funds through the sale of ancestral property I negotiated with the bank for settlement. the principal is 12 lacs now withe interest they are claiming 16 lacs to stop the auction and bank says that my collateral would feth 20 lacs in auction. I am prepared to settle for 13 lacs . But bank is not agreeing for that amount. Meanwhile when I sought the help of my friend who is a chartered accountant he suggested that even if the property is sold in auction the purchaser has to buy the property with mortgage and bank would like to settle with me rather than pursuing the process of auction. I have only 13 lacs with me. Iam confused please advice.
kamal
19 February 2012 at 16:01
two shops were given onrent. agreement was signed. tenant sub let one shop and was receving rent fromsub lette by cheque and stop paying rent to me. i filed suit for ejectment for non payment of rent and subletting. defence was struck as defendent did not file w/s case posted for exparte evidence.meanwhile sublette filed case against me for injunction.court dismissed application and they vacated the shop and handed over possession to me. case is goingon as tenant has neither paid rent nor vacated the shop.now what to do or we should wait and allow the case to go asit is
kamal
19 February 2012 at 15:41
after filing of suit summons were issued defendent appeared not filed w/s defence struck of arguements of plaintiff took place evidence ex parte held defendent remain absent through out. what will be next stage. if judgement passed can it be set aside
basavaraj shiromani
19 February 2012 at 08:10
A bare injunction suit is filed to restrain defendant to stop his hereditary avocation blacksmithy work near to his house on the base of nuisance. No documentary evidence is produced to show the nuisance. After the completion of evidence on both side, when the case is posted for final arguments, the plaintiff filed an application for the appointment of court commissioner, to appoint a pollution control board to investigate the matter. My questions are
1. Whether the plaintiff has a right to restrain defendant from his avocation ?
2. Whether the plaintiff can file an application for the appointment of court commissioner at the final stage of the suit.
3. When the main issued is of nuisance, whether court commissioner can be appointed to collected evidence.
4. Whether the bare injunction suit is maintainable or premature as the plaintiff has not approached the proper forum before filing the suit ?
THANKACHAN V P
18 February 2012 at 18:29
In a suit for Injunction defendant is in merchant ship.Case stands posted for appearance to 24th February.Not possible get Vakalath or Power of Attorney as he is in the ship.Matter is to be heard urgently to vacate the interim injunction order. Can I file the counter and argue case by filing memo of appearance on the basis of the email authorizing me to contest the case.Is there any authority permitting representation on the basis of email?
Kanti jain
18 February 2012 at 16:49
The POW went ahead and signed consent terms and later sold property without any authority to sell by power given to him. Unfortunately the supt.of land record had transferred the property in the name of purchaser on the strength of consent terms and sale deed signed by POW holder without any authority with an excuse that he had no jurisdiction to try the validity of POW and it comes under the preview of civil court to decide.Kindly advise the best course of option though we had file revision appl.with Dep.director,land record but can we approach the high court through Writ without waiting for the outcome of revision.
pawan kumar
18 February 2012 at 16:30
in civil suit defendent after accepting summons and asking for some documents which were given and subquently did not appear nor filed w/s,despite various adjournments case proceeded ex parte. can it be set aside. arguements as well as exparte evidence also conducted in absence of defendent. pl. guide under what circumstances decree exparte can be set aside. also pl. tell differnce between setting aside decree and appeal in higher court against exparte judgement
atul mehta
18 February 2012 at 10:07
I had credit card from kotak bank,due to financial hardships did not pay since last 10 months.
Amount Rs. 70,000/ six months back I had issued a cheque for Rs.10,000/ which bounced so they filed case under section 138 which is still pending then they also filed arbitration proceeding in mumbai which I did not take care after they got the arbtration proceeding in their favour they filed a suit in ahmedabad local court which again I did not bother now suddenly they came with police and a court order to my house to lift all movables from the house or pay Rs.85,000/ with cost. Before the court order they were ready to settle the same case at Rs.20000/.
Now I have issued rs.85,000/ cheque to them to safe guard my honour in the neighborhood.
Please advise me what now I should do as I do not have money to clear the cheque issued.
Thanking you with all respect and regards.
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Why there is dearth of genuine civil laywer
I had bitter experience with civil lawyers in chennai. I have a property issue in litigation , buy have to change more 10 lawyers spending huge sum. since i stay in Delhi, the lawyers tend to take things casually dealing it on convensional way collecting money.
In no other profession i see such a casual approach.
I have no issue in paying the lawyer, but majority of the civil layers have no grasp of the subject don;t refer case laws.
I am in need of good laywer who fights the case maintains right communication .can anyone help me. i will narrate my case which is so simple made complicated.
Look forward to your help
Vijayalakshmi