Ram
(Querist) 03 November 2020
This query is : Resolved
Dear Experts, I had rented a shop for which I paid rs.2 Lakhs Advance. After I vocated the Shop the owner asked me time to return my Shop Advance amount. But it is almost 4 years have gone. He did not pay the Shop Advance amount. I made a police complaint. Police enquired and asked the owner to give a ChQ worth rs.2 Lakh. The ChQ is bouncing due to insufficient money. I filed ChQ bource case. He did not attend Court. Finally Court passed Ex-Parte Order.
My Question: 1) Can I ask Court to attach his property? I have taken EC & His House document through sub-registrar office. 2) If not, Is there any other way I can get my shop advance Back?
A landlord has failed to return a £2 Lakh shop advance after four years, despite a police complaint and a bounced cheque. An ex-parte court order has been issued, and the tenant is seeking advice on attaching the landlord's property to recover the funds. Experts are questioning the validity of an ex-parte order in a criminal cheque bounce case and suggesting verification of court proceedings.
Advocate Bhartesh goyal
(Expert) 03 November 2020
Your query seems imaginary .Ex-parte order is passed in civil cases. cheque bouncing case ( complaint ) is criminal. Case in which no ex-parte order / decision is passed.
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