venkata subrahmanyeswara rao B
03 February 2012 at 20:50
Dear Sirs,
I filed execution petition under order 21 rule 66 & 64 c.p.c for seeking auction of the schedule property. The property was already attachedin suit proceedings and made absolute. When the E.P. is pending the J.Dr was filed insolvency petition before district court. At the first time when he filed insolvency petition intentionally he suppressed this land by not mentioning in his petition. He successfully avoid to take sale notices many a times. At last he received the summons and filed his counter stating that he subsequently added this property in the insolvency petition hence the J.Dr is not saleable interest hence it cannot be entitled for auction. But there is no stay of proceedings from the insolvency court and the insolvency petition also pending. Now at this stage is the executing court competent to stop the sale until disposal of the insolvency petition. But as per my knowledge as the Execution court is having limited jurisdiction it can be proceed by ignoring the insolvency petition. Please suggest me whether my opinion is correct or not. If it is correct please provide me citations
with regards
venkata subrahmanyeswara rao B
20 December 2011 at 20:38
I served a registered notice under section 138 (a) of N.I.Act. I do not know whether my registered notice delivered to the addressee or not. As I have not received the acknowledgment card and haven't got the registered notice returned. That's why I filed a complaint before the postal authorities. They replied on 15/12/2011 that the registered notice was delivered to the addressee on 15/11/2011. In the above mentioned circumstances can I have the time to file the complaint. If, yes please furnish citations to be quoted.
with thanks and regards
venkata subrahmanyeswara rao B
20 December 2011 at 18:15
I filed suit for recovery of amount under pronote. The suit was filed on last date of limitation. As last two days are being holidays I filed the same on the very next working day. The suit was returned on twice for complaince of some objections. Ultimately, the suit was returned after one month for want of pecuniry jurisdiction and a docket order passed to file into proper court. After taking return of the plaint I filed the suit after 5 days in proper court. Can the limitation is saved. If, so please send the citation if any.
with regards
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Amendment of cause title
respected sirs,
I filed three I.A.s to seeking re-open, re-call and to creave leave of the court to receive the documents. out of Three two I.A.s rejected and one I dismissed. Unfortunately, at the time of filing petitions due to typographical mistake the 1st petitioner name was wrongly mentioned. Either the office of the court or other side and or the officer not found the mistake and the matter was disposed off. When I preferred Revision before the Honourable High Court, the registry took an objection regarding that and direct to amend the same. When I filed petitions to seeking permission to amend the petition and also amend the cause title in order and decree passed by the lower court the learned lower court returned the same that How the petition is maintainable as the I.As are disposed off. Please advise me in this regard. If any decisions are there please send me same
with regards
B.V.Subrahmanyeswara Rao