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suresh (properitor)     30 December 2014

How to raise the attachement

sir,

my proper is been ordered by court not sale and not  do any other transcation , because of creditors suit for 187500/- how will i raise this attachement , without settlement with the creditor , what is best defence with the creditor , he is having my promisory notes and cheques, he had sended me 2 different notice for 9 promisory notes, and 2 different notice for cheque bonce, and when i went to compramise he demading more and blackmailing me , 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 December 2014

You can give a reply to the legal notice that you can pay debt amounts on instalments & get compromise. Why do you prolong the case. ? Creditor is having right to go court and ask attachment of your property. Either you compromise or pay debts as per court order. You can say to court about your willingness to pay in instalments.

suresh (properitor)     31 December 2014

as i given reply to the notice and dined about the facts , but he is having 9 promisory notes and 9 cheques, and now he is filed a suit for  1300000 ( thiteen lakhs ) with 4 promsiroy notes and remaing 5 promisory he had just given notice , for 18 lakhs  and cheques sapertate , with 30 Lkahs  how to agree and get compromise and for what amount do i need to agree in the court . he is demading 60 lakhs for total 27 lakhs , when we went for compromise out the court, if i am willing to pay installements , how it will be decided when i am having a property ,  what are the sources of raising my atttachement in the court

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If there is an injunction against the property or attachment before judgement, you may first  vacate the stay and then contest the case on merits, take the help of your advocate for further issues.

Biswanath Roy (Advocate)     03 January 2015

Good and appropriate advice has given by Learned Mr. Kalaiselvan. You shall have to create debatable issues and jugglery to vacate the attachment order and to fight the case on merit. You shall have to adopt a fruitful policy in this regard by engaging a Senior Advocate. Remember the English proverb " Where there is a will there is a way ".


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