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Shashank Mehra   27 June 2016

False case made against seller

Greetings of the day,

Once again I seek the humble advice from respected ladies & gentlemen of Lawyersclubindia.com. This site has helped me a lot.

We had sold our house in Navi Mumbai to a buyer for a "X" amount. The buyer delayed in making payments giving reasons of health and we in good faith kept waiting for 3 months. However, after 3 months I informed the buyer that as per the agreement done in July, she will have to pay an interested amount of Rs.50,000 to which she agreed and paid. The deal was finally sealed in December, after 6 months wherein the term was agreed to be one month. Now, she has filed a case against me for vandalizing the property and then giving it to her. Moreover, she made goons from "Dongri" and all to call me to make me pay her the Rs.50,000 back. One goon also stated that in Muslims, they do not pay nor accept interest and how dare did I ask her to pay. However, thanks to God, I am fit enough to take care of these goons and none except one came in front of me face-to-face but he mellowed down looking at me. I didn't make any police complaint in this regard. Now, the case is pending in Civil court for 4 years, the lady just came for one hearing and that is it. Every time I go to the court, the judge sees me, her lawyer asks,"Aaropi kidhar hai?", I come, we smile and next date. This is what is happening for the past 2 years. I have asked my lawyer to dismiss the case, but she also keeps on differing to next time and next time and next time. Now, everyone knows me at the court and since the last 2-3 dates, I have just visited the court, the judge's assistant sees me and says,"Aap kyu aate ho? Agli tareeq hi milne wali hai !". Please help. The assistant's statement has really made me lose my patience. Please guide as to what I can do or what I can force my lawyer to do?

Hearty Regards & Thanks



Learning

 1 Replies

vivek malhotra (Advocate)     28 June 2016

Kindly update the details of the case pending in the court and what are the charges and sections involved. Whether it is civil or criminal case and status of the case i.e. is at the stage of evidence or arguments etc.

 


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