Cheque bounce case 138
VIJAY KUMAR
(Querist) 16 December 2012
This query is : Resolved
Dear sir,
the information is deleted for closure of matter with two experts.
Raj Kumar Makkad
(Expert) 16 December 2012
Your appeal was dismissed by high court during the year 2007 and you have spared time to get legal advice to file appeal in Supreme Court just after a short gap of about 6 years so what is the use to open the closed chapter in which you have also no faith?
ajay sethi
(Expert) 16 December 2012
it is necessary to go through orders passed by trial court and high court to advise you .
in addtion as pointed out by makkad if high court has dismissed your case in 2007 what were yo doing for 6 years . appeal would be a futile exercise now
VIJAY KUMAR
(Querist) 16 December 2012
builder had given security a underconstruction flat with signing sale agreement of nerul flat before handing over the cheque , hence i have filed civil suit in thane for recovery of flat in 2002. But Builder again sold the same under construction building to other land developer in 2010 and now new building is ready and society also firmed.
My lawyer says we need to make party to all chain seller from first builder, or request to court for sending summon to secretary of new building.
Due to above counter security provided by builder and financial crisis i had not gone for SC for 6 year.
Pl advice for recovery of money either by civil or criminal at sc with the request of above reason.
Raj Kumar Makkad
(Expert) 16 December 2012
You should make the subsequent buyer as well as the secretary as parties to your pending civil suit.
ajay sethi
(Expert) 16 December 2012
why dont you dislcose all facts at one go . why do you add new facts after receiving reply from experts ?
did you onbtain any stay against builder selling the flat ?
you have already engaged a lawyer go by his advise as he has gone through your case papers
VIJAY KUMAR
(Querist) 16 December 2012
Shall I file appeal at SC for cheque bounce with the specific reason of above.
ajay sethi
(Expert) 16 December 2012
no dont file appeal before SC
VIJAY KUMAR
(Querist) 16 December 2012
sir,
My lawyer had shown stay order and given in 2006, but still builder demolished.
My lawyer said you need to file criminal case of contempt of court order, for which need to spend money, hence i had not gone for them.
Raj Kumar Makkad
(Expert) 16 December 2012
You would have availed Free legal aid if you had no money to pay to your lawyer. This service is available for the persons like you but unfortunately you have suffered big loss.
Any way, there is no use to go to supreme court of India at this belated stage but confine to your civil suit effectively.
ajay sethi
(Expert) 16 December 2012
you have again added new facts . if builder hads violated cvourt orders you have to file contempt of court application against builder . unless you pay legal fees no lawyer is going to waste your time in fighting your case
VIJAY KUMAR
(Querist) 16 December 2012
Shall I file criminal case against builder now, for demolishing of stay order flat building in 2010.
Raj Kumar Makkad
(Expert) 16 December 2012
You may file though this is highly belated but definitely it shall pressurize the builder.
ajay sethi
(Expert) 16 December 2012
take out civil application for contempt of court . i presume order was passed by civil court restraining builder from demolition of building
VIJAY KUMAR
(Querist) 16 December 2012
thanks a lot to Mr.Makkad and Mr.Sethi,
R.K Nanda
(Expert) 16 December 2012
contact local lawyer.
