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Ulahannan T.V. (Export Manager)     21 April 2012

Cheque return

DEAR SIR,

I AM A DIRECTOR OF A LIMITED COMPANY WHO HAD ISSUED A CHEQUE IN THE NAME OF A CHARITABLE TRUST AS PER HIS REQUEST TO SUBMIT TO THE EDUCATION DEPARTMENT FOR OBTAINING A LICENCE.

HE ASSURED THAT HE WILL NOT DEPOSIT THE CHEQUE WITH THE BANK. UNFORTUNATELY HE DEPOSITED THE CHEQUE WITH THE BANK AND RETURNED DUE TO INSUFFICIANT FUND IN THE BANK.

HE FILED A SUIT  IN A MAGISTRATE COURT OF HIS JURISDICTION AND ISSUED SUMMONS TO ME. THERE ARE THREE DIRECTORS INCLUDING ME. I HAD GIVEN A DETAILED REPLY TO THE LAWYER'S NOTICE.

MY ORIGINAL NAME IN THE COMPANY MOA IS T.V. ULAHANNAN. BUT THE SUMMONS SEND TO ME IN THE NAME OF JOSE VARGHESE WHICH IS MY PET NAME. BUT THE ADDRESS IS REAL ONE. PLEASE ADVICE WHETHER I HAVE TO ACCEPT THE SUMMONS?  WE HAVE NO ANY TRANSACTION WITH THIS TRUST EXCEPT PROVIDING A CHEQUE ON TRUST.

AWAITING TO HEAR FROM YOU SOON,

REGARDS,

T.V.ULAHANNAN.



Learning

 4 Replies

Dr J C Vashista (Advocate)     21 April 2012

Being one of the Directors you are not absolved from legal liability, contest the case vigorously, however, presumption is against you which you are required to rebut in your defence.

MADURAI LAWYER (LEGAL CONSULTANT)     21 April 2012

Dear Sir,

Kindly feel free to contact me to get proper legal advice in your case.

 

https://www.jeevaganadvocate.com/contact.php

Praveen Mittal (Owner)     22 April 2012

Accept the summon and contest the case. Because presumption is against you which you are required to rebut in your defence. Burden of proof lies upon you to prove that there was no legal debt or any kind of legal transaction and you have no legal liability.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 April 2012

Start from taking objection to summons since once you appear you have accepted that it is your name.

 

Who ever comes to servce tell, it is not your name , if problem continues file revision in sessions court.


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