EX PARTEE ARGUMENTS
rajan chopra
(Querist) 09 April 2015
This query is : Resolved
SIR I HAD FILED A SUIT FOR RECOVERY OF MONEY ON THE BASIS OF BOUNCED CHEQUE.THE SUIT IS AT ARGUMENT STAGE AND DEFENDANT WAS DECLARED EX PARTEE AS FAILED TO APPEAR AFTER BEING SERVED.THE JUDGE IS SAYING THAT HE WILL COUNT PERIOD FROM INSTITUTION OF SUIT TILL DISPOSAL OF IT FOR THE PURPOSE OF CALCULATING INTETEST AS WE HAVE CLAIMED IT FROM DATE OF CHEQUE.IS THIS JUSTIFIED IN THE EYES OF LAW?
Guest
(Expert) 09 April 2015
What is the opinion of your own lawyer?
Devajyoti Barman
(Expert) 10 April 2015
Yes, it is very much justified. Ask the court to mention the rate of interest to be counted additionally till the decreetal money s recovered from the Judgement Debtor.
rajan chopra
(Querist) 10 April 2015
SIR COURT HAS DENIED 18% INTEREST PER ANNUM AS CLAIMED IN OUR PLAINT.AT THE STAGE OF EX PARTEE ARGUMENTS CAN COURT ALTER THE RATE OF INTEREST WHILE DECREETING THE CLAIM AS CLAIM GOES UN DISPUTED AND UN OPPOSED BY THE DEFENDANT BEING ABSENT AND SUBSEQUENTLY DECLARED EX PARTEE TILL STAGE OF ARGUMENT?
Rajendra K Goyal
(Expert) 10 April 2015
Court may not award demanded rate of interest. If aggrieved, may go for appeal.
Guest
(Expert) 10 April 2015
Mr. Rajan Chopra,
Your initial query was about the permissibility of interest with effect from the date of cheque or from the date of institution of suit.
I asked you about the opinion of your own lawyer. But you have avoided to reply that. Instead of replying, you have posted supplementary query, which is totally different than your original query.
You have not raised a query about the rate of interest that the court has denied, rather than sticking to your old query. I hope, you can well understand that the period of interest and rate of interest are two different issues, while you are avoiding to state your own lawyer's opinion.
From all these instances, can you please state, what actually is your problem and why it should not be treated as an academic query there being no real problem with you?
The question arises, what facts you are trying to hide from the experts and why, when you want help from them to solve your problem? You can't expect right opinion from experts by merely using CAPITAL LETTERS to express your half-baked problem. Discussion of facts of the issue is quite necessary.
ajay sethi
(Expert) 10 April 2015
rate of interest to be awarded is at discretion of court . it will be awarded from date of filing of suit till realisation
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
The author should answer the queries raised by expert Mr. Dhingra, because such attitude is unethical. The querists cannot take the experts so cheaply just because it is a free service portal.
rajan chopra
(Querist) 23 June 2015
Sir my counsel said that the transaction is not a commercial one and the demanded rate of interest was neither agreed nor settled.It was simply a hand loan
rajan chopra
(Querist) 05 July 2015
A hand loan is recoverable with interest or not?
