Advocate Gaurav Srivastava

Questions Answered by Advocate Gaurav Srivastava

Q: Debt Recovery from a company in Dubai

A company in Dubai to which I have sold products worth significant amount has refused to repay my money.

Advocate Gaurav Srivastava answered
I have vast experience of handling debt recovery cases. UAE is a reciprocating country and that would further help in recovery. Share your agreement for determining the breach and arbitration clause, which will help choose the jurisdiction for instituting the case.

Q: I have few queries concerning my Divorce proceedings

Hello, 1) Can court treat contesting divorce petition as null and void in case one party submits wrong affidavit. Religion: Hindu 2) can i file maintenance and divorce in single petition. i have received contesting divorce petition from my wife. 3) My wife has asked for divorce along with the costs. what does that mean.

Advocate Gaurav Srivastava answered
Court can treat Divorce proceedings as not maintainable if affidavit is false and fraudulent. Yes maintenance application can be filed in divorce proceedings under Hindu Marriage Act. Costs mean legal costs incurred by her in pursuing divorce proceedings.

Q: how to file for NCLT claim and what documents to be attached

How to file claim with IRP. Details of Form and documents to be attached and how to file it.

Advocate Gaurav Srivastava answered
If you referring to Jaypee's insolvency proceedings then in terms of latest notification you need to file Form F to raise your claim as home-buyer before the insolvency professional. You will be benefitted by going through the public announcement issued in this regard

Q: loan guarantee by government servant and liability

Sir I am central govt. Servant. I have given loan guarantee to some of my colleagues working in my department. They are also permanent employees. I have given loan guarantee towards loan taken from a registered credit & thrift society in which we all are members. Sir what will be my responsibility if any one of them die or not pay or stop paying loan instalments. They are govt servants do any laws empower my office to recover outstanding loan taken from bank or credit & thrift society. Which procedure banks or credit & thrift society follows for recover of any loan given to central govt. Servant ?? Grateful to find platform to ask my doubts..... thanks for reading

Advocate Gaurav Srivastava answered
The liability of a guarantor is co-extensive with that of principal borrower. Your liability for the said loans, as a guarantor, is the same as the borrower . If any of the borrower defaults the creditor has a right to proceed against you for recovery of its outstandings. If a principal borrower dies, and the loan happens to be insured, insurance company will settle the loan in accordance with the terms and conditions mentioned in the insurance contract. If a loan is from a bank, it shall proceed in cases where the outstandings are less than 10 lakhs by filing a suit for recovery before a civil court and in cases where the outstandings are above 10 lakhs, by filing petition under section 19 of Recovery of Debts and Bankruptcy Act, 1993 before the concerned Debt Recovery Tribunals. If you have created a security in property, banks can also initiate SARFEASI action, in terms of SARFAESI Act, 2002. Portion of your salary can be attached in execution of a decree or a recovery certificate, as the case may be.

Q: dispute with builder jaypee in wish town noida

i have a pvt ltd comp,in which i purchased 6 appt from jaypee in wish town noida,since 2012 i have given them 7 crores,possesion date of each appt has passed',work is stalled in these projects,i want my money back ,but there is also arbitration clause in agreement,which path should i follow,what is my scope of my getting my money bk, regards

Advocate Gaurav Srivastava answered
You should file a consumer complaint for damages and compensation. You have the option to proceed further under consumer protection act, rather than proceed under arbitration. Inordinate delay in completion of project is a deficiency of service, which entails penalty. However if the project is abandoned you will get your refund alongwith compensation