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Abhi (Teacher)     23 October 2016

Lawyer notice - door lock

Hi

My mother  used to own a restaurant and we have sold that restaurant to business to landlords by making agreement of sale. The cheque issued in as part of that agreement of sale was dishonored. And we have file a case against the landlords. Landlords didnt attend the court hearings thrice. [ in the last 12 months period]

Couple of weeks back, our lawyer went to the landlord and got a bailable warrant signed to make sure that his absence for next hearing in court  [ scheduled on 4th Nov] would result in his arrest.

Now the landlord has sent my mother a notice to threaten my mother. However my mother is not available to collect the notice.

FYI, we are not owing any due to owner w..r.t rent or anything.

So now what are the steps ahead of us, and what happens when a notice is not collected. The culprits want to take innocence of my mother and threaten her wit such paltry notices.

Any advice is much appreciated.

 

 

 



Learning

 7 Replies


(Guest)
If they avoided summons/notice.. 65 crpc will work. Here they responded, you should have proceeded with cheque bounce case.

Ms.Usha Kapoor (CEO)     23 October 2016

It is in your own intrest if you   collect the notice of landlord. Anyway cheque  bounc e case is  pending in  the criminal court. LANDLORD HAS SKIPPD HEARING OF THE CASE  SHOWING INDIFFERENCE OR LACK OF INTERESRT IN HIS DEFENCE. ULTIMAELY IF THE LANDLORD  GOES ON NOT  ATTENDING THE OCURT WHERE CHEQUE BOUNCE IS pending     IT WILL BE DECIDED EXPARTE. aND iF YOU  PROVE YOUR CASE ON MERITS THAT  HOW  A CHEQUE ISUED BY LANDLORD GOT BOUNCED U/S 138 NI Act THEN he WILL BE LIABLE TO  IMPRISONMENT  AND FINE .iF YOU PROVE YOUR  CASE ON MERITS YOU WOULD BE AWARDED  ACTUAL AMOUNT OF CHEQUE(CONSIDERATION FOR SELLING RESTAURNETR BUSINSESS)+ INTERST + COSTS FROM THE OTHER PARTY(LANDLORD) BY  THE  CRIMINAL COURT.lANDLORD WOULD BE AT ALOSS FOR SKIPPING THE COURT .HEARINGS. You cn confront  the rent cntroller by your regular  rent receipts and non bonafide requirement of landlord etc. IF   YOU appreciate this answer please click the thank you buton on this forum.

1 Like

Abhi (Teacher)     23 October 2016

Thanks Usha. It was really helpful.

As per agreement of sale - Dishonour of any of  three checks would make the agreement of sale void and the other party should handover the property to us and the earlier Lease agreement should be enforced. However the Landlord has been running business for more than an year. 

Cant we claim the rent on the property for this one year period besides ACTUAL AMOUNT OF CHEQUE(CONSIDERATION FOR SELLING RESTAURNETR BUSINSESS)+ INTERST + COSTS FROM THE OTHER PARTY(LANDLORD)

Note: one lakh has been credited to our account after the third cheque of 6 lakhs has been dishonoured.

Any other guidance and inputs from you will be highly appreciated.

Thanks

 

Ms.Usha Kapoor (CEO)     23 October 2016

In my view you can claim rent  of  for this one year also during which time the landlord ran your business and made profits.

1 Like

Abhi (Teacher)     23 October 2016

Thank you Usha.

 

Irrespective of profits can we  claim rent ?  because landlords would definitely claim that it is running in loses, however  as it all depends on their ability to run a business successfully. 

Kumar Doab (FIN)     23 October 2016

It is felt that you should claim rent.

Abhi (Teacher)     04 November 2016

Hi Usha

Other party didnt attend court even after signing a bailable warrant to attend court proceeding. 

An arrest warrant has been issued against him. 

Could you please advise what are the steps going forward.


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