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rajeev (director)     05 August 2013

Appeal in civil court/high court before any case

Dear sir,

    i am director of an educational institute and having affiliations from different  seven U.G.C approved universities.Actually there are some persons having tendency to disturb me in my work.Here i would  like to know that is there any procedure to file an application/writ  in civil court / High court (with the affiliation documents of different universities) without any complaint, so that no one can harass/disturb me after lodging a false/wrong complaint ?



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 10 Replies

adv.raghavan (Advocate,9444674980)     05 August 2013

your question is not clear , are they disturbing you in your work place or over the phone? what kind of disturbance? kindly clarify. so that we can advice you properly

1 Like

rajeev (director)     05 August 2013

Respected sir,

         They are not disturbing at present , but through reliable sources i came to know that they

are going to lodge an wrong  F.I.R against me .I know very well that if they logged F.I.R  against me ,i 

have proper document  and no one can blame that i am not working in proper legal way.But sir, if

any one logged F.I.R against me then during that period the name and fame of my institution as well as my prestige

in social life will spoil.so that i would like to make an appeal before court that if any one want to inspect my institution

at first they have to take appropriate order from court.

regards,

R.K SINGH

adv.raghavan (Advocate,9444674980)     05 August 2013

why they have to complain about u, is there any enmity between you and them? be speciifc and we will try to advice you.

rajeev (director)     05 August 2013

Actually they were associated in admission process with me just before 4-5 months back but when i came to know that they were collecting money
on the basis of my institution name and not deposited any amount to institute account or to me.After then i have seperated my business on properitorship basis and now a days i work alone. so you can say there is enmity between me and them. so they want to disturb me

adv.raghavan (Advocate,9444674980)     05 August 2013

when u say they are collecting money using ur institution name, then u didn"t u file a case against them then itself, if you are clean in your work u donot have to worry about them and their actions.  if at all they file any case u can deal with it on its merit.

rajeev (director)     05 August 2013

Actually i have solved all issues of my student after refunding money to them and all matter was setteled on personal basis.Now there is no any prob. with outsider either students or those persons from whom they have collected money.But only prob. with my former partners.

since i have cleared all previous issues then should i wait for further complain filed by them or take an appropriate action like appeal in civil/High court so that during complaint  period the name and fame of my institution as well as my prestige in social life remain good or as it is.

adv.raghavan (Advocate,9444674980)     05 August 2013

what is the problem with partners now? u said u have cleared all dues received by them or outsiders? u version is not clear and in piece meal, come out with all facts so that we can advice u properly

rajeev (director)     07 August 2013

sir,

   As i said u that i have cleared all dues received by them or outsiders.After then due to seperation between us ,once again they told to someone near and dear to me that they will lodge false F.I.R on me to disturb me.so that i would like to take proper precaution.This is only reason i have asked to you  that is there any procedure to file an application/writ  in civil court / High court (with the affiliation documents of different universities) without any complaint, so that no one can harass/disturb me after lodging a false/wrong complaint ?

adv.raghavan (Advocate,9444674980)     07 August 2013

donot go by hearsay, wait till  they do something or any legal action initiated by them, in the mean time i donot think there is any provision to file a writ or application in high court based on hear say. 

Advocate Ravinder (Advocate/Attorney)     26 August 2013

Without any initiation from the otherside, there is no such provision to file any application before the courts.  But you can file caveat petition against the other side. The benefit of filing this is whenever the otherside file a case against you for any exparte order, the court will inform you to come to the court and explain your contentions and then passes order (temporary injunction).  In case you do not file caveat, the court will be at the discretion to pass order (temp injunction) basing on the contentions of the other side and even without hearing your contentions. This is called "exparte interim injunction order".


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