ASHWANI GAGNEJA
16 May 2017 at 18:02
In a civil suit regarding dispute of land in Moradabad, the Defendant has not filed any written statement for the last more than 5 years. For which he has got permission from the learned court to file it now, which should have been permitted as maximum time to file is 90 days. On that ground, if we protest and the judge refuses to take on record. What are the implications for want of WS. If decree is decided against him, can he go for revision.
ASHWANI GAGNEJA
23 November 2016 at 12:28
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution. At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks a lot
ASHWANI GAGNEJA
22 November 2016 at 20:20
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
ASHWANI GAGNEJA
22 November 2016 at 19:31
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
ASHWANI GAGNEJA
21 November 2016 at 15:20
In a recovery suit, the defendant filed Written Statement without Board Resolution.
Both my lawyer & Judge ignored it. Now the case is in arguments stage.
1. Can we raise the issue now.
2. Will the bar of limitation will have no effect on the suit, as written statement is faulty.
Thanks
Plintiff
ASHWANI GAGNEJA
10 October 2016 at 15:02
My son was driving was driving a car at a speed of 20 Kms near a turning point. There were 2 women & man on the side. Suddenly, this man fell on the car, breaking his foot. Women did not have a scratch, as they were 5 to 6 ft. away from the car.But as you know, the police slapped 279, 337, 338 on my son.
Please help me & suggest what should be our presentation in the court, as the car was faraway from running at rash, negligent manner so as to endanger the human life
ASHWANI GAGNEJA
19 May 2016 at 20:13
Dear Sirs,
We had supplied material to a Company based in Delhi / Gurgaon in app. 12 lots.But 2 of the Invoices were not signed by them. About a dozen times Statement of Account was sent to them, but there was no reply. Neither they accepted nor denied it. If the last Invoice is not taken into account, the case becomes time-barred. Please suggest since they have not denied the statement, will the court accept the last Invoice.
Thanks & Regards
ASHWANI GAGNEJA
19 May 2016 at 20:03
Dear Sirs,
If the delivery of goods were made in parts to the defendants, majority of which were made to their Branch at Gurgaon but first 2 lots were sent to Delhi. Can Delhi be cause of action. Please provide me with your valuable opinion. Will appreciate if you can give me link to any judgements on this.
Thanks & Best Regards
ASHWANI GAGNEJA
13 May 2016 at 18:41
Dear Sirs,
We had filed a recovery suite against a Delhi based Company in 2001 for recovery of 13,68,000.00. The contract was signed in Delhi. Majority of Invoices had crossed the limitation period. But small Invoice of 1960.00 was raised after that and well under limitation, but this Invoice was not receipted. But after this, we sent statement of account atleaset 6 times and this Invoice was part of the statement. They neither denied or disputed it. That means they have accepted it. Please give me your expert advice & legal opinion whether this will be considered by the court.
Thanks & Regards
Ashwani Gagneja
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Board resolution
We are a firm having suit for money against a Gurgaon based company. At the time of filing written reply (18 years back) and at Cross examination, they did not file Board Resolution. My new lawyer raised the point in additional Issues, to which the judge agreed and asked the respondent to submit these resolutions. They are fabricating the same in previous date. Can they produce these at this stage. If, no under which section, we can counter them. Any other point to our favour ?.
Thanking you very much & with Best Regards.