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Ramesh (correspondent)     14 December 2012

Advice needed

Hi, Our former tenant sent a court notice saying that I have borrowed money from him in the year 2006 and disappeared. He is a government servent and a local petty financier.

His lawyers notice says:

a. He paid me 90,000 in March 2006 after which I changed residence (he had bought his own house two years earrlier) to a near by area

Actual: I sold residence in the year 2004 Dec and vacated in Feb 2005. I have docs proving the sale of residence.

b. Unable to trace me for 6 years after I shifted from the near by area to my native place

Actual: He sent me a letter in the year 2006 which I have in possession along with the envelope addressed to the same residence I  live now

c. He claims 90,000+12% per annum

Actual: His earlier letter to my dad was I promised to pay him 1,10,750 in Nov 2005 (contradiction of first payment, year, money etc.,). The letter is in my possession. I did not respond to that letter at all as it simply meant nothing to me as I did not have any kind of transaction any time in the past.

I never had any kind of cash or cheque transactions with him. No evidence, unless it is a forged doc, can be provided. My dad got around 35k as loan from him in 2004 and settled the same after selling the house. The transactions were done in cash.

What should I do when the court notice arrives? Is it possible to dislodge the plaintiff appeal in the first hearing itself?

Pls., advice how to go about it.



Learning

 3 Replies

Advocate Rohit (Advocate)     15 December 2012

Kindly call on 9324538481 for legal assistance.

 

Regards,

Advocate Roht Dalmia

Mumbai

Anirban Gope (Advocate)     27 December 2012

Reply to his letter by stating all the facts stated by you. Don't forget to deny all the facts stated by him through his letter. Mere silence just not good enough for you. After that if he file a suit aganist you then he can do so at his own risk. 

For further assistance revert me in anirbangope@rocketmail.com

Vipin Kumar Marya (Advocate)     27 December 2012

Dear Ramesh,

As advised by Mr. Anirban Gope, kindly reply his notice by stating the full facts which you are in possession except your father had taken help from him.

this rerply wiil be proved good peice of evidence for you if he files the case.

You are further advise to contact your Advocate for a good drafted reply to his notice.

 

Vipin Kumar Marya

9811340017

9555340017


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