Member (Account Deleted)
27 December 2014 at 19:57
Respected Members,
My appeal against ex-parte judgment passed on me on year 2012 was admitted in last week on Sept'2014 subjected to 40K deposit in CJM Cash counter on behalf of wife in Session Court. We also filed an appeal in the same day along with the main to grant stay of impugned operations till disposal of the case. We deposited the amount within timeframe and OP Wife also withdrew the amount from CJM Cash counter on 11.12.2014. The appeal was admitted and judge passed and order for stay of impugned operation till 22.12.2014. The DW/WA was stayed and warrant recalled and all proceeding stayed in lower court till 22/12/14. But when we put up the matter before session court on 22/12/14 judge rejected on vague ground. The summary of order is "22.12.2014- Today CRL Appeal is fixed for SR and appearance of the respondents. Appellant file hazira along with fresh power. Respondent No 4 appears by power and files hazira through the Ld lawyer. Respondent no 4 file some documents as per firisti. Let it be kept with the case record. Appellant files requisites of notice upon respondent no 1 to 3 in both ways. Issue the same in both ways upon respondent 1 to 3. At this stage appellant files a petition praying for extending the stay of operation of the impugned order in the ground stated therein. Copy not served. Hence the prayer is considered and rejected. Fix 21.01.15 for SR/AD/Appearance against respondent no 1 to 3 and further order."
Request input from experts that whether session court can reject extension of stay once allowed and ground stated therein in the order is sufficient ground for rejection.
Whether I shall file an appeal or CR Revision in High Court for further extension of stay till disposal of appeal and get the same.
What can be the grounds for further stay till disposal.
Although warrant is recalled but because the stay is vacated now, we are tensed because of DW/WA execution in lower court.
Kindly help.
Thank You
Suman
rajeshshah
27 December 2014 at 19:31
Required urgent help
In the year 2005 my co-op. hsg. Society situated at mumbai , about 40 years old, not at all in a dilapidated condition, consisting 30 flats, out of these 30 flats 27 flats belongs to 9 members who are relatives to each other, decided to go for the redevelopment, in the year 2006 general body meeting was called upon and decided to redevelop the building from the builder say “A”, and accordingly all the members signed the resolution including me. But in the redevelopment process no prescribed rules and regulations of the redevelopment followed like :
(1)Redevelopment is not as per the last
original sanctioned last plan of the
society
(2)No intimation to or presence of the
registrar.
(3)No tendering of the developer.
(4)No structural audit report obtained.
(5)No pmc etc.
(6)Members who have been encroached the
common plot of the society have been
compensated in terms of area in the
new building against their
encroachment ,and mainly those
encroachers are the committee members.
For example my carpet area is 1000 sq.
feet similarly another committee
member who has the same area have been
compensated more than me because of
the encroachment since his flat is on
the ground and he has encroached the
common plot of the society.
Since I am living in another city so I was not aware about these necessary requirements for the redevelopment at that time but after appointment of developer, I took the objection in this regard and sent the notices to the society regarding illegalities, non transparency, inequality in the redevelopment and demanded the related documents but society never co- operated to me on the contrary society replied me through its advocate that we have given all the documents to you now if you want any document than approach to the registrar.
In the year 2008 executed the development agreement which was signed all the members of the agreement except me and developer paid the corpus amount to all the members of the society except me on the contrary he never approached to me for signing the agreement and never offered me the corpus amount.
After executing the development agreement with the socity developer kept silence he had not initiated any progress towards the redevelopment (may be due to the slack position of the market) and in the year 2012 society sent the letter to the developer stating that if with in a certain time if redevelopment work will not initiated than society will forfeit the development agreement alongwith the corpus amount.
So In the year 2013 on the basis of P.O.A given by the society, developer as plaintiff filed the suit against me in the Bombay high court and claimed for crores of rupees stating that the delay has been caused because of me so he suffered the crores of rupees loss and in the motion of suit prayed to the court for interim order of vacating the flat and appointment of court receiver till the time redevelopment completes.
In the process of court I got some documents (Xerox) which are the strong evidences against the redevelopment carried.
And in the court proceeding developer in the plaint submitted (exhibited) the executed development agreement with fabrication and stated that all the members have been vacated their flat premises for redevelopment except me but the fact is that not a single member have vacated the flat and not a single member have got the amount of rent he also mentioned that he has received the IOD etc but the fact is no IOD have been obtained.
In the defend my advocate submitted the short reply and mentioned that my client has no objection for the redevelopment provided it should be as per the prescribed bye-laws and my client should be treated at par with other members ( another members having the exact area of flat comparing to defendant (me) are getting more area in the redevelopment and he also stated about the illegalities of the redevelopment but he had not submitted any evidence and on the contrary he requested to the court about calling upon the documents in relation with redevelopment but court had not heard to my advocate and have not allowed us to submit the evidence against the redevelopment on the contrary court had not ordered to the society for submission of necessary documents for redevelopment and in the motion passed the interim order for vacating the flat and if not vacated than appointment of court receiver and handing over the flat premises to the developer ( plaintiff).
So I went in the appeal but in the process of submission of appeal, the date of vacating the flat premises had come and receiver took the possession of the flat.
And on the very first day of hearing of appeal the court dismissed the appeal and upheld the order of the single judge but when my advocate stated about the illegalities in the redevelopment the concerned judges suggested us to file the separate suit for that.
So please suggest me that which type of the cases I have to file and get the stay order against the redevelopment till the time illegalities and non transparencies in the redevelopment gets proved and at present only my flat has been taken by the developer in his possession remaining all the members are there in the society nobody has vacated the flat premises whereas in the plaint it was falsely mentioned by the developer that all the members have vacated their flat premises and they are living as temporary transit.
Thanking you in advance
ramya
27 December 2014 at 19:07
Sir,
We filed an IA in suit i.e reopen witness petition which was order in favour of us with cost but we failed to pay cost hence the petition was dismissed. shall we file restoration petition under order9rule9. whats the procedure otherwise shall we use 148 sec of cpc to extend the time for payment. The court is district munsif court whether it has power to restore even when it was ordered. Else we hav to file CRP in high court.
Dagliamit
27 December 2014 at 17:54
I have issued more than 15 bills to three parties (Proprietor and Two Partnership - One Group only). Out of this six bills has been cleared by them and almost 9 bills is outstanding till 18 months. I have promisory note received saying that proprietor will pay for the same. Opposite parties resides at Surat. My quetstion is that :
1. I have received payment for six bill which is cleared and for remaining 9 bills can I file Summery Suit ?
2. There is clause for delay charges which is 2% per month - which can be claimed ?
3. Any stamp-duty payable for Summery Suit ? and what will be jurisdiction i.e. Ahmedabad or Surat ?
4. Oppsite party is partnership firm - I have no details of other partners. Can I file suit against Firm and known party leaving unknown partners of the said firm ?
5. What will be approx time for decree ?
Smita V
27 December 2014 at 17:43
Respected experts,
About 7 years ago I had lent some money to a friend as she had promised to invest it in a property..I withdrew the cash from my salary account's ATM as well as took personal loans from two banks..All because I wanted to jointly invest the money with my friend in a property..Actually the "friend" in question here was like a sister to me..We had very good family relations and I knew her for 3-4 years before going ahead with the deal..But, unfortunately it was the biggest mistake of my life..Once this woman got the money she started avoiding my calls, didn't speak to me properly..I asked her a million times for the flat papers coz my money was at stake but to no avail...Later one day she told me that the builder from whom she was buying the property, was a cheat and cheated her of the money....That time it all hit me and I realised that It was me who was cheated by this "very good freind" of mine and by some unknown,invisible builder...I could not do anything legally as I did not make any cheque payments as I trusted the whole family of my "friend" blindly..I was devastated..I lost everything_my job, my career, my health--I developed High B.P..and today I am suffering from Chronic Kidney failure...For seven years I got no reply, no response from the entire family..A few days back she gave me a few cheques with her sign and date..Those cheques were not CTS , still I deposited them..As expected they have bounced....My query to all the experts is:
What am I supposed to do now Sir??
Can I file a case against this woman, if Yes under which sections.?
And If I do file a case under the relevant sections how do I make my case fool-proof/water-tight?Coz I have no legal proof of lending her money..?
What should I say is the reason she gave me the cheques?
And tomorrow if she does pay my money, can she file a false counter-case against me saying that she lent me the money thru cheques and now I should pay her back ??
Where do I stand Sir, What should I do? I am scared to trust anyone now..Pls help me with some solution Sirs coz I have lost a lot of money in Lakhs and want every single penny of my hard-earned money back ...I would be really grateful to all the experts of Lawyersclub..Thank You so much for your invaluable time and help..Thanx
Smita V
Ajay Kumar
27 December 2014 at 17:25
Hi.
I am working with a indian mnc.i am serving 2 mnths notice period.3 days left but my hr not giving acceptance of resignation.she saying do last day andgo will give reliving later.pl help soon what shld i do.i need acceptance so that i can join other firm.i request them many times.
jeetendra patel
27 December 2014 at 17:00
dear colleagues,in one civil matter my opponent is claiming possession, whereas possession of property is with my client.Can you enlighten me with any land mark judgment governing concepts of de facto possession and de jure possession.
Member (Account Deleted)
27 December 2014 at 16:49
Dear Sir/ Madam,
My cousin brother is working in Malaysia who want to come to India on his vocational leave. But his neighbour plans to file an FIR against him. Because his neighbour is expecting 2 cent land (house extension purpose) from my cousin’s patta land. My cousin did not accept his demand. If he self creates problems and file criminal F.I.R . against my cousin, will my cousin any trouble to return to Malasiya on his actual time? Please give your valuable advice for this issues.
Thanks,
Sujatha Raguram
Member (Account Deleted)
27 December 2014 at 16:42
Dear Sir/ Madam,
I like to file a civil suit for claiming my share in ancestral property by Hindu amendment act -2005. May I know how long it will take (approximate time limit) to come judgment? Please give your valuable advice.
Thanks,
Sujatha Raguram
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Land documents
Dear Sir,
This is Guru,
SUB:20 rupee and 100 rupee Bond paper Difference.
Recently i purchased a land near by my house, the Real estate person given the land documents in 20 rupee bond Paper.
For some people he given in 100 rupee Bond paper. So i got some doubt whether it is proper or not.
Please tell me the differences in bond papers.
Thanks in Advance,
Regards,
Guru