Property case
Advocate M J
(Querist) 09 June 2012
This query is : Resolved
good evening learned members
Sir my client had taken raw material from private limited company of worth 9lakhs,on installments bases havin no.of invoices,by giving 9 to 10 PDC's out of which 2 pdcs got passed and my client had paid 4 lakhs in way of cheque partly. for some span of time my client didnt pay the money to the supplier, for this reason the supplier had taken my client immovable property under the mortgage transfer registering agreement. my client is a lady and partner of the particular firm for which the supply is done.
Now the supplier is sent a legal notice to sale the property since the time limit is over of the mortgage deed, my client had 2 months to pay,but she is not able to pay.
can i approach the court for a time limit of 2 years, to my client to pay the amount of 5 lakhs
and stop the sale of property since my client wants to pay the rest amount
hence I the request the learn members to guide me how to go with the case
thank u
Nadeem Qureshi
(Expert) 10 June 2012
Dear Querist
you can file a suit for temporary injunction before the civil court.
feel free to call
varun mathur
(Expert) 10 June 2012
Dear Member,
please check the terms of the agreement, if there is any loop hole then immediately approach the civil court seeking injunction.
J K Agrawal
(Expert) 10 June 2012
Do not worry
He can not sale directly the mortgaged property.
First he will have to bring a suit for foreclosure and i know it will take more than 2 years.
Up to that time your problem will be solved automatically if you pay the amount.
If the company/firm files case under s 138 of NI Act, you remain alert. when you get the cheque payment stopped and when notice comes you reply that you have given property in mortgage so the honor of cheque is not binding to you and he can cover amount by that way.
Rasik Dagli
(Expert) 10 June 2012
Mr. Agrawal is right. He has no right to sell the property. Immediately file a suit for injunction .The court is likely to grant injunction. Alternately reply to notice that he has no right to sell the property and wait. Publish a public Notice in the News paper of the locality warning people from purchasing the property. If he file suit defend it . The suit will take at least 3/4 years to get decided. Your client's purpose will be served and she can pay the amount.
RASIK DAGLI
Advocate
Shonee Kapoor
(Expert) 11 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
