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dheer (NA)     16 May 2012

Advise on 138 ni act

Hi Experts,

I need one advice. Actully I bought one home last year(1 years back). I am the third party(I bought it from B and B bought it from A). A had one company which had businees with one company X. Now A issued cheques to X which was dishonoured and X filed a case against X under 138 NI Act last year. Court issued Non bailable Warrants against A but he did not present in court so now court issued 82 as A has absconded.Now my question is as I bought  home indirectly from A and on 82 notice the same address is written, do I need to do something in this case like should I submit any affidevit in court that this person has sold his home and there is no relation of the home to this person A. Actully I had already given in written to cop who came for investigate that this person does not live here and I do not know him and I bought it from party B. Please advice whether I need to do anything in this case.

Thanks.



Learning

 12 Replies

ANEESH MITTAL (ADVOCATE)     16 May 2012

When ever any summon is issued or any court agent comes for delivery of notice. ... You only endorse that "such a person by this name do not reside here this is a house.belonging to .....person bought from person B" Plz donot make a mistake of not accepting the notice bcz otherwise court might under the wrong impression may issue notice for attachment,for recovery.

dheer (NA)     17 May 2012

Thanks a lot Aneesh sir,

 Actully whenever any agent comes for delivery of notice we simmply write on paper that we bought this home from person B and we do not know this person A whose against this warrant is issued, I really do not know this person A. Is it sufficient or I need to submit any other application or affidevit in court stating that I do not know this person and I bought it from B? Currently court issued 82 against this person A and I am fear whether court can issue the 83 which is the attachment of the property, please advice.

Thanks  a lot. 

Kishtaiah (Advocate)     17 May 2012

You need not file any affidavit or appear before the court.  The attachment wont be ordered without establishing ownership.

dheer (NA)     21 May 2012

Thanks a lot Kishtaiah sir.

It means that there is no need of any action from my side.

Thanks.

dheer (NA)     23 May 2012

One more question Kishtaiah sir, how honourable court establish the ownership on property. Is it depends on the report of the court agent who comes for the delivery of the notice?

Thanks in advance.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     25 May 2012

If u purchased from B , and Regsitered Sale Deed, and u are not aware of anybody "A", you need not take any action. 

I hope all Tax Receipt, and Title is on your name . 

Only at Execution of Decree is psaased,if any, You Object it, as the property is yours . 

Keep a close watch on Court Proceedings thru a reliable Lawyer. 

Kishtaiah (Advocate)     28 May 2012

Dear dheer dont worry. ownership of property for attachment should be presently on judgement debtor name as at the time of judgment which is not the case with you.

VINOD VERMA (C E O)     28 May 2012

Rest assured they can not attcah your property as the CPC 60 (1) CCC Pb. Amendments allows every citizen to enjoy one house for self use and can not be attached unless specifically pledged / mortgaged for availment of any Bank or any other against the said property.

VINOD VERMA (C E O)     28 May 2012

Rest assured they can not attcah your property as the CPC 60 (1) CCC Pb. Amendments allows every citizen to enjoy one house for self use and can not be attached unless specifically pledged / mortgaged for availment of any Bank or any other against the said property.

dheer (NA)     02 June 2012

Thanks a lot all experts for your valuable suggestions. Appreciate all experts help.

dheer (NA)     11 June 2012

Hi Shroff sir,

As you quote in your suggestion that " I hope that all tax receipts and title is on your name"

Yes all tax receipts are on my name but what is the title, Is it the one which we do in Nagar Nigam and name of the property owner display on assessment letter or something else ? Kindly let me know.

and second thing as you suggested that keep eyes on court hearing, if I ask a lawyer to take a copy of court hearing, would it be updated somewhere or there will not be any record of that in court. Kindly advice. 

Thank you very much.

Prasun Chandra Das (Banker)     12 June 2012

Dear Dheer -- just when it seems that you have taken a chill pill, you come up with another query !!!! The experts have already told you to relax ..so just relax boss;)  Kuch nehi hoga.


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