Terry DCruz
15 December 2014 at 23:07
My Case is :-
SME Loan was sanctioned in 2007.
There was change is Govt. Policy and my Business was under Prohibited list and thereby not generating profits to repay the installments as per the agreement.
Declared NPA 30.06.2010
Sarfaesi Notice was issued u/s 13(2)on 29.11.2010
Objection / representation filed within 60 days i.e on 26.01.2011. No reply was ever given by the Bank.
Business was sealed by the Government on 09.02.2011.
Though Bank had full knowledge did not make any efforts to help the borrower during this difficulty instead filed a money suit on 31.03.2011.
In written statement all facts were brought before the court and thereafter bank did not attend the court. Finally Money suit was dismissed for default on 1.10.2013. The restoration petition filed by Bank has also been dismissed on 27.11.2014.
With the efforts of borrower in other court cases Business was de-sealed and handed over to the borrower on 26.12.2013 in a dilapidated and damage condition.
Damage suit against the Government was filed on 06.04.2014
On 25.11.2014 Bank issued a fresh Notice u/s 13(2) making a demand of Principal + interest upto 24.11.2014.
The date of NPA is 30.06.2010.
The business was sealed on 09.02.2011, Causing supervening impossibility.
Ignoring all these aspects bank is making a money claim u/s 13(2) on 25.11.2014. the notice says to discharge in full the liabilities i.e the Total Amount.
1. Is it not barred by limitation of 3 years for money claim?
2. Can bank proceed after its money suit got dismissed?
3. When the business was sealed, repayment stopped as such the agreement is hit by section 56 of contract act, can the security agreement be enforced in such circumstances?
4. The account is classified as NPA due to fault of Union of India, ignoring such facts can Bank proceed against the borrower?
sumit sharma
15 December 2014 at 22:17
Sir, I have completed LL.M in criminal law and currently practising in civil court under juniorship. Im 35 yrs of age right now. I wish to move to supreme court for practice. Kindky suggest me how can I search of a senior advocates with whom I can start my career there upon.kindly provide suggestions weather this move will be right choice?
Regards
Sumit sharma
rajan chopra
15 December 2014 at 21:51
Sir I am complainant in a cheque bounce case and unable to appear on each and every date.Can I give general or special power of attorney to my counsel for the goodness of my case?
Anonymous
15 December 2014 at 21:33
A have 2 wives B and C. B have 1 boy and C have 2 boys and 1 girl. during retirement of A he mention B as a wife because of it was mentioned during joining in his job. now after death of A can C and her children can get any part of pention and fund. B still doing goverment job and C is house wife
please help
thanx
AJAYKUMAR NAIR
15 December 2014 at 20:53
If an organisation employees 5 person as contract labour does the organisation has to apply for Registration Certificate under CLRA. Labour officers insist on Registration even if 1 person is employeed as contract labour in an organisation.
salim
15 December 2014 at 20:33
I have a loft of around 200 sqft in my house.Height of the loft is very low for example a person can only sit.i want to know is it illegal? if yes then what should i do to make it legal?
previously it was just half, but after the building repairs i extended it.
in the BMC map it is showing the previous half only.one of my building member is telling that he will complain to the BMC.
My building is of pagdi system.( of trust)and my family are residing for more than 70 years.
PLS ADVICE WHAT TO DO TO SAVE IT AND MAKE LEGAL IF IT IS NOT.
salim
15 December 2014 at 20:29
I have a loft of around 200 sqft in my house.Height of the loft is very low for example a person can only sit.i want to know is it illegal? if yes then what should i do to make it legal?
previously it was just half, but after the building repairs i extended it.
in the BMC map it is showing the previous half only.one of my building member is telling that he will complain to the BMC.
My building is of pagdi system.( of trust)and my family are residing for more than 70 years.
PLS ADVICE WHAT TO DO TO SAVE IT AND MAKE LEGAL IF IT IS NOT.
Kavindra
15 December 2014 at 20:07
My ancestral house has been sold by my brothers secretly without my consent. I am an equal shareholder in it but have not given even the share? What should I do? If I need to file an objection before any authority, what is the time barring of the filing?
srinivasaraokorrapati
15 December 2014 at 19:55
We was given a sight to builder for devolpment in narasaraopet andhra pradesh. As per the agreement time is over still he was construct only one floor out of five. When we approach him he was not given any satisfied answer. Now i requested you which method is better to solve the issue out of court because if we proceeding to court the time taken second is there any agencies to solve the issue whith in short period, finally which is the better way to solve the issue in short period
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Gift deed
dear sir plz solve my problem,my grandfather purchase a property in 1965.and my grandfather death on 1996. fir 2003 me 2 logo ne mil kar meri grand step mother se property gift deed kra li.aur meri grand step mother bhi expired ho gyi hai 25/11/2014 ko.matter pending in civil court lucknow from 2010.aur ha 2010 me hi pta chla ki gift deed huyi hai.tb case file kiya gya. and now plz send me some caselaw and sc ruling. if u have any.