anil bhargava (prop) 07 March 2014

Lok adalat or any other court for speedy settlement

We started business of trading goods, our customer did not pay us and delayed matters, we had to Take personal loans

and even mortgage our residential flat to pay to our principal,

we have now filed cheque bouncing cases, but we have to pay monthly interest to bank against the mortgaged property on which we had taken od limit, this interest amount is very high and our earnings are less than the interest amount which we have to pay monthly.

we have c-forms of all the bills, it took us long time to get the cheques from our customer. The total amount of interest as on date is more than the principal.

is there a possibility that we go to lok adalat or move higher courts without waiting for lower courts judgement as time taken will be quite large and we will not be able to save our property from being auctioned by bank if we fail on making monthly interest payment to them and also carry on business to satisfy the od limit requirements

please suggest a remedy for speedy settlement and recovery

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8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 March 2014

The mega Lok Adalat would provide the platform to resolve disputes pending even before the Supreme Court and the High Courts. Litigants must submit a petition for participation in the Lok Adalat through their counsel.

On the stated day, orders would be passed after hearing both parties to the dispute. Cheque, hurt cases, bank accounts, hurt or injury in accidents, insurance, those involving levy of taxes by local bodies such as municipalities.

anil bhargava (prop) 07 March 2014

Sir, If the complainant I.e. we only approach lok adalat, is it possible to file in lokadalat. The accused on its own will not cone as hehas to pay, but us taking time in regular courts.Thanks

anil bhargava (prop) 07 March 2014

Sir, If the complainant I.e. we only approach lok adalat, is it possible to file in lokadalat. The accused on its own will not cone as hehas to pay, but us taking time in regular courts.Thanks

anil bhargava (prop) 07 March 2014

Sir, If the complainant I.e. we only approach lok adalat, is it possible to file in lokadalat. The accused on its own will not cone as hehas to pay, but us taking time in regular courts.Thanks

anil bhargava (prop) 07 March 2014

Sir, If the complainant I.e. we only approach lok adalat, is it possible to file in lokadalat. The accused on its own will not cone as hehas to pay, but us taking time in regular courts.Thanks

Santosh Kumar Tiwari (advocate) 07 March 2014

lok adalat is thebest for u but with the consent of other party also. the case can be heard in lok adalat only with the consent of both the parties.

T. Kalaiselvan, Advocate (Advocate) 07 March 2014

If at all the opposite party wanted to settle the issue, he would not have dragged on the case for years, his intention is to somehow drag the case endlessly so that the complainant would get fed up and either will settle to a very less or paltry amount or even will quit from the case itself. In Lok adalat it will be more convenient for him to drag on the case with much more ease, so the lok adalat option may be given a second thought. Pursue the case through the regular court itself. In cheque bounce case, the court may decide to give only punishment and not the cheque amount, then what will be your position?