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adi. h. mehta (retired)     27 May 2013

Check bounceing

dear experts,pl advise, my  builder  has bounced a check of x amount, i filed the case, in in sept2011,  there after the builder was summoned to court, here he has agreed in front of the magistrate that he owes me the money and will pay the said X amount, and a written understanding  was signed by both the parties as an how the builder will pay the dues,in installments , the judge asked both to go for mediation, from dec 2011, till  may 2012 , the builder payed  20%,  in small bits and amounts, after that he has stopped paying me,  and avoided to be present on all the dates of mediation  till nov2012,  the  mediation judge diverted the case back to the main court. 

Right from dec2012, till date (i,e  alomost 10 dates)the builder is not bothered regarding the payments and said saying do what ever you want, nor does he attended the court,  the Judge  told us to file an affidevite, which was done instantly. but till date nothing has happened and the warrent  hasnt  be issued, instead  the judge read all my documents, and so my credentials,   and  instead  off  giving orders to issue a warrant  asked his bhavsar(pueon),  to call his lawyer name,  fortunatly  the lawyer was there, he asked for new date, next month.june 2013.

i  wish to know  what will be the next course of action, in my case,  what if the builder attends,or if he neglects.

what will be the punishment  as it is bailable, or will i get my money back or  it is as good as a lost case.or there are chances getting the amount. 

please advice  as my advocates are not guiding me properly. they are saying lets wait and watch, what happens,,,,,



Learning

 2 Replies

Advocate Rohit (Advocate)     27 May 2013

if the builder doesn't attend the court on next day ask your lawyer to file an application for issuance of arrest warrant on that day itself. inform your lawyer to keep the application ready.

 

Has the Builder paid the cash bail and/or produced any surety??? if yes then your lawyer may ask the court for forfeiting the same.

 

Regards,

Advocate Rohit Dalmia

9324538481

Rahul Kapoor (Legal Enthusiast)     27 May 2013

tell the judge through your lawyer that he is willfully dragging the case so issue a warrant against him.


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