yash
31 July 2018 at 16:16
I have taken a loan in September 2009 due to some delay in payment of EMI Bank issued a loan recall notice on 21st February 2011 after that they have initiated arbitration proceedings in which an ex Parte award has been awarded against me meanwhile on 30th April 2011 Bank declared me NPA .
In August 2016 Nbfc's were given the power of Surfesi . So they issued a notice under section 13(2) which is under challenge in Civil Court
my questions are
can they issue notice under section 13(2) as arbitration award is already under challenge and They were given the power of surfesi in 2016 and my agreement was done in 2009
can I challenge notice under section 13 (2)on the ground that they have declared me as npa after issuing loan termination /recall notice .
Mohammed Rizwan Shaikh
30 July 2018 at 15:14
Hi,
In a Testamentary Petition for the Grant of Letter of Administration in HC Bombay, a Caveat was filed and it turned into a suit. A Notice of Motion was moved by the Caveator for the stay over the flat and other property as these property is the subject matter of the Testamentary Petition/Suit. Hon'ble Justice asked to withdraw it as the court does not have jurisdiction. The NM was filed as per the advice of the Caveator's Advocate. As there is a dispute between the Legal Heirs, is it advisable to file Partition Suit or Suit u/s 39 CPC. The advocate has informed that the LH are denying your rights, if Partition Suit is filed you need to be declared as Legal Heir. The Partition Suit will be pending as Testamentary Suit has not been decided yet. Its better to move Suit u/s 39 CPC for stay over the properties and not to forcefully dispossess. Please advice.
Please Note:
The Caveator is the wife of the deceased who holds the estate.
The Legal Heirs purposely denying the rights of the Caveator and illegally claiming their rights over the property as one of the property has been gifted (Muslim) to the caveator by the deceased.
Regards,
Mohammed Rizwan Shaikh
Anonymous
24 July 2018 at 17:39
Hi Experts,
I request your kind advice on the below Civil matter.
Suppose if a person has taken some big loans from BANKS and has been paying without any defaults for years and has a good credit score but due to some issues in the family disputes the man had to spend some time in JAIL (some months) due to which he loses his job and income.
He is in a state of no job, no income and unable to repay the money taken from banks, he is released on bail or acquitted but is unable to get a job for some time. NOTE that no allegations on him are proved yet and all are matrimonial disputes.
What are the legal implications on him from the banks? Will he have to face new cases from the BANK for unable to pay the loans?
Will the banks put pressure on other family members to re-pay the dues even though they have no idea of these loans nor have signed any co-applicant/surety document.
What if he is convicted in some legal case like DV or Maintenance or even 498a? How does the Banks look at this or what legal remedies are available for the man?
Bani Misra
24 July 2018 at 14:54
1)An eviction suit was filed in 2007 by landlady.
2)Case run till 2012 fine.
3)Land lady absent case from 2012-2016 (Health problem ,several operation, document submitted).
4)Opponent got ex party , till date order and the judgement is pending.
5)Land lord appear from 2016 to contest the case.
6)Till 2016 , 6 date judge is absent.4 put up date given ,but till judge is absent on hearing date.
7)Landlady is of 80.She want to see judgment in her lifetime.
8)Landlady has lost original tenancy agreement, she has xerox of the tenancy agreement.
My Question is
1)While Ex party is towards tenant and landlady appear for 2 years to contest but no hearing done by judge.Can land lady move to high court for speedy trial and vacate the exparty ?
2)Landlady has lost original tenancy agreement, she has xerox.Will there be any problem ?
If 'Yes', please suggest what to do.
3)Landlady is of 80, can she ask speedy trial in high court , her application can be rejected ?
Harish
23 July 2018 at 23:46
My father had an property which purchased in 2000. At the time of purchase seller told us we have right received from ancestors that 25% in water well which is in neighbor's premises. The same was documented in paper also. But later the seller lost that right through some consideration ( approx 30 sq feet boundary space) which was not documented.
My father purchased the same and later buid the house in premises. And while building boundary wall the neighbors are objecting that the space belongs to them as the same was not documented bin paper.
What can we do now...? Request ur expert advive
V.V.Ramadas
23 July 2018 at 23:43
Dear Sir/Madam.
In a Partition suit the advocate for defendant has not taken plea for , barred by limitation,non-joinder necessary part, no cause of action and non-payment of proper court fee etc but at the stage of appeal the appellant taken all the above pleas and during the pendency of appeal the respondent -plaintiff has filed additional evidence( filed a new ROR-Patta where in the name of appellants daughter is find place) under order 41 Rule 27 C.P.C and the same is allowed. Can the advocate for the appellant file a petition for remand of the suit to the lower court with a permission for amendment of the pleadings as the it changed facts of the appeal.
Vekatesulu Mandin
22 July 2018 at 13:34
My consumer complaint is listed as call on. and when asked date they gave date in the court. but the date is not mentioned in the CONFONET website.
I enqauired with few advocaets waht is meant by CALL ON.
Call on means no more procedure they told like that.
Usually Consumer complaint steps are:- Notice, objections, written arguments, if IA filed - IA, objections on IA, orders.
In my case the judge has taken the OP replies/objections where he was not supposed to take as I already filed written objections as to how OP can file reply after 3 months of reciept of noitce.
Now judge has kept the case in abeyance. without further procedure.
He said he will finish case in 1-2 dates and he gave looooooooooooong date in 3months gap.
What to be done in this csae. My complaint is not moving at all.
Naveen
21 July 2018 at 12:40
I have OBC from Haryana
Now i want to apply in Delhi
Can i get it cancelled from Haryana
b B Raju
21 July 2018 at 09:15
I have given 3lakhs as an advance to a person who is having a flat as his owner share in semi finished appartment. At the time of booking the flat is in final stage of completion. The plumbing work has not been completed. After a month when i visited the site to see the progress of work to my utter surprise I noticed the drinage work was designed from the inside of my bath room which is highly irregular. I afraid that any leakage from the top floor will spoil my bathroom. I objected for the same and decided to cancel my booking and informed to him. For refund of my advance money he is not showing any interest. Hence i have decided to file money recovery suite against him. As he is a stranger and i may not be in a position to recover the amount at the end in spite of the decree can i now along with the suit file a petition and insist for security deposit from the defendent in the court
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Cancellation of land lease deed
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