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Queries Participated

Rhythm Jain   20 April 2021 at 00:49

Sarfaesi

Can a secured creditor declare an account as NPA after 8 years ? piling in it huge ammount of interest.

Also as to include the same into 20%criteria for applicability of Sarfaesi act ?

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Amit Joshi   14 July 2020 at 20:54

About presenting mobile video recording as evidence in court

Hello myself Amit Joshi, I have recorded violation of court on my mobile. Due to High resolution video my mobile memory is fulled. I transferred those mobile videos to my PC (computer). I want to record more video on my mobile. When I will filed that mobile video in court I will copy it to DVD disc from my PC. 1) Can I delete videos on my mobile as I have taken backup of it on on PC ?.
2) Is PC videos are considered as original video recording ?
3) Is original video means "unedited video" as per law ?
I have not edited any videos they are raw videos fully.
My smartphone has not support memory. card

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Vinay Tripathi   29 May 2020 at 14:46

Sarfaesi proceedings validity

Sir, my question is bank has issued 13 (2) notice under sarfaesi act, upon the borrowers addresses , the principal borrower during that period was in jail and no notice has been served by bank in jail.
Weather this notice will be deemed served to the borrower or not??? And if his wife is also a borrower she served with the same notice will notice served to her fulfill the purpose of 13 (2) or not ????

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N Kumar Chaubey   16 November 2019 at 13:30

Urgent hearing procedure for pending writ petition

Hello learned lawyers,

We have filed a Writ against UOI in JUN and as no lawyer of respondents were present, honourable Calcutta High Court ordered the respondents to file a reply in 4 weeks and counter affidavit in 2 weeks thereafter if any. Ref interim relief court said : an interim order is not called for at this moment and would do a final hearing once the case is ready for hearing after affidavit and counter affidavit were filed.

The respondent filed his reply and we filed counter affidavit. Since then we are still waiting for our matter to appear in cause list for hearing. Our counsel has submitted the request for mentioning slip in aug, sept and Nov and matter is not appearing in list. What can we do for an urgent hearing, I desperately need atleast an interim relief otherwise my career & business both are getting hurt.

Appreciate your thoughts and guidance

Best Regards
SKS

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Anonymous   09 October 2019 at 13:40

Delay in physical possession and case in DRT

Hello sir
I purchased a NPA property in June 2017, made full payment and sale certificates was issued by bank. Borrower went to DRT and case is there undecided till date. Court also made me a party. My money is struck. I do nt want money back but possession of property. More than two years has passed. What should I do to expedite the case and to get physical possession asap. Regards

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Vinesh K Chhaya   01 October 2019 at 01:02

Scope of section 34 of sarfaesi

A Multi State Scheduled Bank has possessed an immovable property without application of section 14 SARFAESI Act-2002 and made auction and soldout said property. The borrower filed suit for declaration under CPC, and prayed for cancellation of said transaction and sale certificate including whole process of recovery.
Bank replied and argued that section 34 of SARFAESI applys here, Court allowed argument of bank and suit was dismissed without hearing of application for interm injunction .
My question is when possession of property has taken without any order of District Magistrate under section 14 of SARFAESI Act-2002 then the provision of section 34 sarfaesi act-2002 is applicable or not?

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Anonymous   21 May 2019 at 16:02

Drt case filed against me for loan recovery-textile company

Hello Sir,

I am from Guindy and I am in dire need of advice from legal persons.

The case i am facing is as follows:
My brother and his cousin had planned for a Textile unit in a Textile park near Chennai and took a loan of 2 Cr from nearest branch. He received a loan under CGTMSE scheme.But he needed more money for finance, so he came to me and told about CGTMSE scheme. He tried to convince me to take loan on my and my wife's name and provide this to his business. He told me that CGTMSE scheme is collatoral free .If anything bad happens nothing will happen to me and the plant and machinery will be the cost for repay, nothing else. As he was my small brother , I got completely convinced about it.

In the background, he created a company on me and my Wife's name as proprietor which will be having sub-lease contract under his Textile mill. He then brought some documents to us and we blindly signed it.He had created even rubber stamps, business Cards of my and my wife's name. Total loan taken is 80 Lakh* 2=1.6 Cr on me and my wife's name. We never signed any other paper after related to this. He also took all the bank documents including the passbook, ATM card with him.
The brother bought a new car, created a good rapo with local politicians and enjoyed his time.
And in the next 6 months, the Textile mill got closed and he disappeared. Some time passed with distress.

One day,we saw a notice in the newspaper that bank have filed a case to DRT under RDBFI Act 1993.
We attended DRT on summoned date and received a copy of the filed case.Following things it read:
1.Loan has been defaulted of amount 1.09 Cr(including interest) each and case is filed for recovery. Plant and machinery valuation is approx 1/2 of the total loan amount.
2.Also, the case paper contains the Term Credit document which we had signed in very begining. Now, the point i noticed is that, when we signed on doc, it was having my brother's name as "Borrower's name "column. But in the case paper received from DRT, The "Borrower's name" has been changed to me and my wife's name. There is a clear sign of rubbing his name and adding me and My Wife's name.
3.In Term Credit document, Some of the signs are forged.

With this background, Following are the queries:
1.what should be my further course of action?
2.Can I say to DRT that above things happened and I dont have any role in this case
3. Will my property be confiscated?And my wife dont have any property on her name. What will happen in her case?
4.Also, i have found out that the plant and half of the machinery was on my brother's name. Some machinery on my name and there is no machinery on my Wife's name. Is there any possibility, that i can make use of his property to repay the loan on my and my wife's name.
5.What will be the worst case scenario in this situation? Will there be any criminal case filed against me and my wife?
6.Can we file any case against bank / or my brother in court?

Request you all to please provide your invaluable advices.

Thanks,

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Sanjay Deshpande   21 March 2019 at 16:18

How to stop possession order under sardesai act 14

I am third party possessor

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Anonymous   20 March 2019 at 22:38

Caste of a an OBC woman after marrying a General Man

Dear Sir/Ma'am
I belong to OBC (NCL) and my husband belongs to General Caste. My application for OBC (NCL) is rejected as the government officials said that only my husband's income will be considered in such a case. When I told them about Dopt mamorandum's point no. 8 uploaded on NCBC website stating that only parents' income will be considered, then they had another objection that even my caste has been changed after marriage. Sir, I seriously need this certificate. How can I prove that a person's caste does not change after marriage? Most of them are senior citizens and it is very difficult to make them listen to me. Kindly guide what should I do? By which document can I prove that a person's caste is determined by her birth? please help asap.
Regards

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SUBRATA HALDAR   10 March 2019 at 03:49

323, 379, 497 IPC

My friend is punished under section 323, 379, 497 IPC on 2015 as the case is uncontested.His opposite party moves to now for execution of the order.

Sir,
As adultary is not a offence from 2018 will my friend will go to jail for order passed on year 2015?

Can any court be order executed after 4 years ?

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