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Vipul Singhvi (Lawyer)     20 September 2010

VERY URGENT

Sir/Mam,

i purchased a property. this property was already mortgaged in a bank. bank has now obtained a decree from DEBT RECOVERY TRIBUNAL against the seller. I am a bonafide purchaser. I was not party before DRT. police has come to my door asking me to leave the premises. what should i do.


(ii) i have the original documents with me.

what if these documents are forged.

 

plz help its very urgent



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 September 2010

You should approach DRT/civil court immediately and should obtain stay order against the execution of the alleged possession of the mentioned house from you under the grab of decree obtained by bank from DRT. Once stay against dispossession is obtained then all the available pleas can be raised including bonafide purchaser etc.

 

If your documents are forged or false then no one can help you and you shall have to suffer for the lapses on your part.

R.FRANCIS AMBROSE (SENIOR MANAGER PURCHASE )     20 September 2010

I am working with a Public Limited company as a Senior Manger - purchase since october 2007. I had been obtained a forced resignation letter on May 7th 2010, by confining me to a secluded cabin in the floor where HR officials sit and in the presence of my superior and one of the official of HR, I was forced to submit a resignation letter under intimidation, duress, coercion and threat. I was not even allowed to record in the resignation letter that I am resigning under force. This was because, I had exposed a malpractice in a transaction approved by the MD of the organization and that he stood on his ego of his authority being questioned and he forced other officials to dismiss me or get a resignation letter as enacted. There after int he same day evening by a mail addressed to Chairman / MD / my superior / HR officials - Director HR / President HR and other related officials, I had asked for revoking the  letter and allowing me to continue to work. In fact, on that day 07.05.2010, I had applied 15 days medical / PL leave and told that I would return for work and I was prevented from entering the work premises and was illegally stopped / my luggage being removed from the premises.

 

I continued to protest to this transactions / my forced resignation letter / humiliation and other ways of ill treatment for the last 3 eyears.  In fact, they had also cheated me a sum of 4.5 lakhs due to me as an ESOP shares enjoyed by me and as well did not give the eligible incremeent as applicable for all the employees effective from July 2010 on wards.

I continued to protest through mails / telegrams / registered letters and of late I had sent a letter citing the various illegal activities pertaining to my career issue and asked them to refer to the code of conduct of business dated 22.04.2008 issued in the company website as a code of corporate governance and asked them to immediately reinstate me and give me all the privileges.

 

I have a series of nearly 125 to 150 correspondeces for the last 3 years with the company in this regard and of late nearly 33 corresondences from the date of forced resignation letter.  Today, they have sent me a relieving letter dated 16.09.210 with a salary certificate and a portion of my settlement which is nearly not even 5% of my due.

 

I would like to know

 

1) whether the forced resignation letter under duress / intimidation / threat after confining me to a cabin is legal and acceptable

2) Is still the resignation letter which was dated 07.05.2010 under force is valid after I raised the objection the same day by evening mail addressed to all the officials and continued to insist on the same until this time

3) When I refered to the code of conduct and exposed various irregularities happening in the company, they have sent the relieving letter today ( which i think not effective since I had withdrawn my resignation letter and objected to the way of forced means)

 

4) Whether I can contest the employer and ask them for all the damages  - spoiling my name in the professional market / in the professional enivironment among my colleagues / market vendors / social status and further cheating me to the tune of nearly 4.5 lakhs per annum for the last 3 years ( 13.5 lakhs) and as well not giving me the due and eligible increment / incentive.

 

Please let me know towards which I shall be much obliged. Kindly tell me the remedy with the quoting of relevant laws.

 

Thanking you.

 

Warm regard

R. FRANCIS AMBROSE

Tarun Thakur (advocate)     20 September 2010

always write in brief.. no one has time to read lenghty matter

R.FRANCIS AMBROSE (SENIOR MANAGER PURCHASE )     21 September 2010

Thank you Mr. Tarun. In fact, I wanted to explain all the circumstances and actions taken Please. I will understand your advice. Thank you

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 September 2010

Thanks Mr Tarun for advice to be short , very rare comments like this.


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