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Saptarshi Paul (Advocate)     25 September 2010

money paid in good faith but now opp party filed money suit

Mr X had a agreement to sale his shop to MrY for Rs 1,80,000/- and Mr Y advanced only Rs 80,000/- and one agreement of sale also prepared and signed by both.

After few days Mr Y said he don’t want to purchase the shop and ask Mr X to return advance money.

Mr X agreed and said Mr Y that he will return money in 3 installment that is 20000/- , 20000/- and 40000/-

Mr X paid Rs 20000/- in Jan 2006 and 20000/- in Dec2006, Mr x had written in the back side of original agreement paper about this two payments that out of 80,000/- he had paid 20000/- in Jan 2006 and 20000/- in Dec2006,

But when he last paid The remaining balance  in Feb 2007 that is  Rs 40,000/- he ignored to write any entry in the agreement paper as Mr Y was his friend so he never think it will create any problem.

Now Mr Y denied that Mr X had paid Rs 40,000/- to him and filed a money suit against Mr X

 

Now I need suggestion from all of you that how I can save Mr X has the original agreement paper and payment entry all are in the hand of Mr Y

 

Kindly guide me the proper provision of Law.

 

Regards

S Paul



Learning

 2 Replies

N.K.Assumi (Advocate)     26 September 2010

 I can only say this:when you are in Rome act like a Roamns in other words, in business and commercial matters always go with commercial and business spirit and not in the spirit of friendship or for that matters even as brothers. You have no option but to face the trial and try your best to convince the court the bare facts of the transactions between X and Y if the court assumed jurisdictions of the case.

Savinay Gupta (Sales Head)     27 September 2010

Dear friend,  need help

I paid Rs 13.5 lacs in 2003 to one of my close relatives for investments in good faith.by cheque... he gave me his blank chqs against the same. after 3-4 years he refused giving bk the money... when i went to chk wth the bank , i found he never deposited chqs in his account , ( he took blank chqs fm me) instead he deposited chqs in another account with a share broking form and the entry in tht account still stands in my name...

 

what can i do

 

Pls help


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