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Satyamev Jayate (media)     18 September 2010

reaching absconding party

I needed some advice on the following scenarios:

 

1. Party A and B are in dispute over some issue.
     A sends legal notice to B
     B responds saying it does not agree with A

      Now B knows that B is lying based on a history of verbal discussions with A.
      Both parties are aware that B is lying but B does not admit it in the response.

      Fearing trouble - after sending the response by B, this party absconds!
      This is realized when A sends another notice and learns that the person B no longer stays
      at the address provided initially by B (at the time of signing a deal over which the dispute is).
 

       Party A had even given an advance to B. Now B changes the address, has the money of A,
       and has left no forwarding address being aware very well of a disagreement over the deal.

 

     Question:

       a. Is A bound/expected legally to provide a forwarding address in order for a legal resolution of the issue?
       b. How to trace such a person generally or what is the procedure to send him communication?
       c. Can we inform the police - lets say even if the matter is Civil - and can be considered Criminal for cheating and abscnding with the money?
       d. Would this change of address, not leaving any trail - be considered absconding at all?

 

2. Scenario 2: The party B is a landlord, and for teh same reasons described in scenario 1 - has moved away
     from the earlier address that B had given at the time of the deal/agreement signing.

     General enquiry reveals that at the address given by B - the party was the landlord and has now rented
     it out. The tenants refuse to give the address of the landlord - or deny knowing that. Querying on the address in the rent agreement the tenant claim that the same address was given as rented.

Now we know that the tenant is in touch with the landloard, also pays the rent in cash.

How can the next notice be served to person B as sending an orinary post at this address or registered, returns saying that party B does not stay here. At the same tiem we know that the tenant is the link to party B ?

 

You advise is valued highly. thank you.

 

 

    

 
 

  
 



Learning

 10 Replies

Satyamev Jayate (media)     18 September 2010

Correction:
Question:       
a. Is A bound/expected legally to provide a forwarding address in order for a legal resolution of the issue?

 

to

 

Question:       
a. Is party B (not reachable at old communication address provided) bound/expected legally to provide a forwarding address in order for a legal resolution of the issue?

Tarun Thakur (advocate)     19 September 2010

Question:       
a. Is A bound/expected legally to provide a forwarding address in order for a legal resolution of the issue?

 

Answer

A is not bound, its a civil matter where the rule applies that the debtor must find the creditor.

1 Like

Tarun Thakur (advocate)     19 September 2010

b. How to trace such a person generally or what is the procedure to send him communication?

 

it seems that A want to recover some money from B. the only procedure is to send the communication at the last known address of B. the earlier communication by B is in your favour . it will be a proof that he is well aware of the dispute. Notice sent at correct address is deemed to be delivered.

1 Like

Tarun Thakur (advocate)     19 September 2010

. Can we inform the police - lets say even if the matter is Civil - and can be considered Criminal for cheating and abscnding with the money?

 

it is upto A whether to file civil case or criminal proceedings. In civil matters , police has no role..

1 Like

Tarun Thakur (advocate)     19 September 2010

d. Would this change of address, not leaving any trail - be considered absconding at all?

 

Mr. A has just to file the civil suit and give the known address.. if the service of summons is not effected, Mr A can convince the Court that  Mr. B is evading the service , hence substituted service of summons can be ordered. under order 5 rule 20 of C.P.C court can order service by way of publication in newspaper. it will be deemed service.

1 Like

Tarun Thakur (advocate)     19 September 2010

Scenario Two :

 

A is not required to run after B.. if he does not receive the notice, just keep the returned back notice. it is a civl matter where the rule is that the debtor must find the creditor. just file the case in the court.

 

it is not required in law to send notice to B.. when Mr. A file the case in civil court, the summons will be equivalent to notice..

 

remember the time limit is three years from the date of money given.. Mr. B might be absconding to make the claim fail or time barred..

 

thanks

1 Like

Satyamev Jayate (media)     19 September 2010

Thanks a lot for the insight.

 

Party 'A' whose money is with party 'B' as an advance for a service (say agreement of sale) notes that sending the communication to B at the last known address is bouncing saying the addressee no longer stays there. However
tenants of B are staying there - can we address the letter to the tenant, and inside inform the tenant to deliver the notice to B? Is this legally correct approach. Here party A is only making an effort to direct the communication to B who under full awareness is avoiding receiving any other notice.

 

Thank you. 

Satyamev Jayate (media)     19 September 2010

Also is it essential for 'A' to publish in the paper to cancel the agreement as this would involve lots of expense. Would it be national advt. or local advt. or both, and is there a format to that? 'A' who is already hard pressed for money as 'B' has by giving false assurances about the property signed an agrement of sale taking the advance.  

Tarun Thakur (advocate)     19 September 2010

you cannot compet the tenants to give the notice to Mr B

Tarun Thakur (advocate)     19 September 2010

no need to publish it in the newspaper.. u can file the suit for specific performance in civil court ...

 

u must be having the clause regarding the non fulfilment of promise by either party.. just check ur agreement to sell


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