Divya
11 March 2017 at 19:18
Respected experts
Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..
But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.
Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree.
Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..
Pls guide best course of action
Thankyou
Prosun bepari
11 March 2017 at 15:40
Being mentally harrased by neighbour who has been appointed as a caretaker of the building. He has also opened an NGO in the building without any permission and an ashram. When objected he locked the terrace of the building and took control of the water supply. He using authority on all the residents and threatening. Have tried lodging complain with police but they took no action. Kindly advice
koustubh bhide
11 March 2017 at 11:25
Dear experts i have one quary. There is a contempt proceding pending before civil judge. I am on behalf of defendent no.2 it unable to file my say on contempt application within 90 days. Hence court passed NO SAY order against me. But including some reasons i filed delay application with my say. After argument court set aside NO SAY order by imposing 1000 Rs cost to me. I failed to pay cost on next date hence court again set aside the order which is passed on last date i.e setting aside of NO SAY order. It means again NO SAY order is there against me. After this scene i filed one application u/s.151 of cpc for deposting cost amount in court and prayed to set aside the NO SAY order .
I want to from experts, if court rejects my application then where will be the appeal? Directly high court? What is the aolution tome to get the order set aside.
inderjeet
10 March 2017 at 18:07
Defendant not filed written statement and submitted application u.o 7 Rule 11. Reply to same was filed. Next date is for consideration. My query is that at the stage of consideration do I need to produce any evidence, witness and citations to prove my case.
raghuvenu rao
09 March 2017 at 18:44
Respected sir
what is injuncntion order and how much time it stand what is limitaion act for this.
2}what is peripetual injunction order and what is time limit for it .
kindly reply me ..thanking you experts
ksv nageswararao
09 March 2017 at 15:35
What i have to do now ? Pl advise me sir
ksv nageswararao
09 March 2017 at 15:14
A civil case in senior civil judge court comes for judgement on 19 th february 2016 and still adjournment of judgement going on and what i have to do now ? Can i approach the highcourt for interim orders.anybody have any solution pl give me your valuable advise
Kvijay12345
09 March 2017 at 13:39
Dear Sir,
I took the Home loan required from the multinational private Bank in Feb 2008 & continued to repay the loan till Feb. 2009. In December 2008 on my request to the Bank , I received the copy of my Home Loan Agreement in which I found many irregularities such as the rate of interest was changed from 8.5% to 12.5% by overwriting in the loan agreement without my knowledge and consent. There are several over writings from the coverpage itself to the end page of the loan agreement throughout. My and wife`s signatures are subsequently forged. The loan agreement is subsequently forged. Hence I sought the clarification from the bank and intimated the bank that if I do not get the clarification , I would stop the repayment of the loan. Even after this when I did not get the satisfactory reply from the bank, I stopped the EMI on loan from Feb 2009 onwards. Afterwards the Bank denied my allegations and hence I got my signatures checked from the Forensic & Handwriting Expert and sent the copy of this report (in which it was clearly stated that the individual signatures were of not one person and were forged) to the then Chief Executive Officer and Managing Director of the Bank.But instead, looking for the ways to resolve the dispute in 2010, the bank sent me a notice under the SARFAESI Act, which was duly replied by me immediately. I stated in reply that due to the forgery committed by the bank the loan agreement has already become null and void and in absence of the valid loan agreement the bank is no more a secured creditor and hence the notice was wrong, illegal and invalid and therefore the bank can not enjoy the benefits of a secured creditor. after my reply to this notice, the bank did nothing, hence I was forced to complain this matter to the Police. But the Police were also hesitant to accept my complaint against the Bank, hence finally in 2012, I approached the hon`ble. High Court by the way of Writ Petition, in which The High Court Directed the police to register the F.I.R. immediately under the various IPC sections like 420,467,468,471 etc. against the bank to investigate the matter at the earliest.
As on today the F.I.R. is registered against the Bank under the various IPC sections 420,467,468, 471 etc. and the investigation is going on. The bank is trying to rub off its responsibility saying it is not their fault as the loan was processed by their DSA. The DSA people including the Head of the DSA and then Branch Manager who processed the loan are absconding and hence there is no arrest yet as the police are searching these culprits and at present the matter is pending in the metropolitan court. As on today the concerned flat is in my possession. I have learnt that the loans processed by the DSAs appointed by bank does not carry any legality; as these DSAs are not the employees of the bank.
Recently I have received the summons of the O.A case filed against me in DRT-II, Mumbai. The bank could not file the S.A. (the case as a secured creditor) as the agreement is forged, bogus and illegal. According to the knowledge received from my sources an O.A. still requires a valid loan agreement. Further the genuineness of the documents is not proved yet as the matter is currently pending in metropolitan court and the F.I.R. is registered against the bank.
The bank has filed an O.A. relying on the forged and fraud documents whose genuineness is not proved yet. This means that despite of my notice to the bank not to misuse the alleged loan documents, the bank has executed all the false, forged, bogus and fraud loan documents alongwith the loan agreement. In the wake of this, I wish to ask you that just relying on these herein above mentioned forged and bogus documents as there is also no valid agreement for filing O.A. how could the bank file the O.A.? Is this matter maintainable in DRT-II ? can the defendant make a counter claim in DRT II against the bank for all the wrong doings? What are the other legal remedies available for the borrower to sue the bank? What other steps can be taken against the bank for executing the fraud and bogus documents including the loan agreement? please let me know.
Thanks
PEACE KAMAL
08 March 2017 at 22:46
We r 3 brothers.My father had bank'fdr of which one of the brothers was apointed as nominee .on the death of father he withdrew the amount of all FdR's.and did not divide the amount and gave us our share. He appropriated entire amount towards himself alone. Can we claim our share by filling suit in the court.whether as per law we are entitled to claim our share. Can we request honbble court for injuction on the amount withdrawn by my brother from Bank
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Compromise decree in money decree, if possible
Respected experts
Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..
But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.
Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree. Compromise MOU is that third party to protect their interests in suit and decree can appear as power of attorney holder.. can the court after passing money decree make a compromise decree on the basis of a joint compromise MOU.
Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..
Pls guide best course of action
Thankyou