Vidya (ss) 11 August 2016

Need advice

Hello experts, i need your guidance.

My sister got married in 1994 and my brother-in-law was a Govt employ. In 2007 he passed away with heart attack, she got 2 daughters. That time all wowing, loans had cleared and in 2008 my sister got compensatory job.

2 years back (2014) on PVT finance person came and informed “my brother-in-law lift a chit of 50,000 and paid only 18 month (@1000 per month after dividend). And asked me to pay 58,000.

I said she is a single lady and 2 daughters, she cannot effort to pay that amount.

Since your chit is 50,000(after dividend paid 36000) and my brother-in-law paid 18000 (after dividend around 13000), till today you didn’t inform us, still we agree for 23000 and pay in installment @2000 per month.

That manager has refused, and he approached court last week they sent court notice to the place where my sister works saying that salary attachment is applied for Rs 55,000.

Again I went today and said “sir don’t need any complications we are ready to pay 36000 @ 3 installments by January 2017.

Still refused.

Yesterday I met one guy who is son of the sureties. He is saying that “his father has passed away 9 months back, and the corporation where his father use to work has stopped all the employ benefits, saying until you bring the NOC from the concern finance firm we won’t give”.

Here I need your advice on following

My sister doesn’t know at all he is having a chit there and they didn’t inform until 7 years, straight they sent salary attachment.
They never serve summons or notices until last week to my sister? Still salary attachment and sureties touch allowed?
The attachment order they sent from court is on the name of “G.XXXXX” but my sister name is same but surname is different. Can we object it?
How to stop him and come for one time fair settlement?
Can we proceed legally on the corporation who stopped payment of sureties son?

please gauid to battle leaglly.

thank you

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5 Replies

Kumar Doab (FIN) 11 August 2016

You should have consulted a very able counsel.

Wife and son are not liable to pay debt of husband and father. The debt can bed recovered from estate.

Apparently the claim was barred by time.

Part payment might have reset the clock of limitation.

Probably there is some confusion in name and probably it same or other person.

OTS might be possible.

Contest under expert advice of a very able counsel.

If you want to settle, do so under expert advice of a very able counsel.

1 Like

adv.bharat @ PUNE (Lawyer) 12 August 2016

You may approach a very able counsel specializing in service matters.

surendra prakash agrawal (advocate) 15 August 2016

Sir,

It is understand that debt is time barred. Please do not acknowledge the debt. Go on denying the liability. So far as Guarantee is concerned, it is known as Personal Guarantee (P.G.) where no collateral or equitable mortgage of immovable property is attached.

You must attend the concerned court from where attachment has been issued and file Vakalatnama, collect copy of file to study and file objections to vehementlyoppose the alleged allegations. Court may direct the employer also not to stop payments for which you may file Interim Application in the same case.

Alternatrely, you may propose "ONE TIME SETTLEMENT" (in short OTS), if wish to end the dispute. This can even be moved through court where court may insist the parties to accept and not press the case against you.

Attached File : 243986 20160815194822 54298152 resume spa.docx downloaded: 90 times

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 11 October 2016

KINDLY NOTE THAT.

THE SAID PERSONS MUST BE HAVING SOME EXPARTE JUDGEMENT OR AWARD AND NOW THEY HAVE FILED FOR EXECUTION OF SAID JUDGEMENT AND AWARD AND HENCE ATTACHENT NOTICE IS SENT BY SAID EXECUTION COURT.YOU DEFEND THE MATER STRONGLY YOU WILL SUCCEED.

1. YOU MAY FILE A WRIT PETITION BEFORE HIGH COURT MENTIONING ACTUAL FACTS AND PRAY FOR STAY AND QUASHING THE IMPUGNED NOTICE OF ATTACHMENT OF SALARY OF SAID PERSON.

2. YOU MAY ALSO PRAY THAT YOU ARE READY AND WILLING TO SETTLE MINIMUM AND CORRECT DUES AND PRAY FOR REASONABLE INSTALLMENT TO BE ALLOWED.

3. WE HAD MOVED ONE SIMILARWRIT PETITION BEFORE DIVISION BENCH OF HIGH COURT OF DELHI AND THE hONOURABLE COURT WAS PLEASED TO STAY AND QUASH THE IMPUGNED NOTICE AND ARBITRATION AWARD AND REASONABLE LONG TERM INSTALMENTS OF 4 YEARS WERE GRANTED TO THE POOR WIDOW OF THE BORROWER.

THIS IS JUST FOR REFERENCE , YOU HAVE TO MENTION THE FACTS OF THE CASE AND COURT WILL PASS JUST AND PROPER ORDER.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT.

Vidya (ss) 07 April 2018

Dear all , thank you for all your extraordinary advices. My apologies, because I followed each way of advices. Every one said it is right, but advocate charges ales more then chit people asking to pay. Finally with local political leader recommendations they reduced one time payment and done . Received no due certificate.