Advocate Shikhar Khare

Questions Answered by Advocate Shikhar Khare

Q: Received notice from SDM court u/s 151 of CPC

We have property dispute with our neighbour. He has filed a case in SDM kapashera court. We have received a notice from SDM court kapashera stating 151 of CPC, the date of hearing and my name vs my neighbours name but his lawyer or counsellor name is not given. Should we hire a lawyer immediately or first appear in person before court?

Advocate Shikhar Khare answered
You received a summon from the SDM's court, which requires you to be present in court on the next date of hearing either in person or through a lawyer. It would be advisable that you engage a lawyer to represent you in the matter.

Q: Payment recovery from client for construction work

We are a pvt. ltd. company. We did construction work for our client. Work started in Jan 2011 & terminated in June 2012. But we didn't received full payment. Eventually a new agreement was formed in order to settle the payment & part payment was made in March 2013 (TDS booked by client in Aug 2013). We sent them emails, letters etc. for balance payments during 2013-2014-2015 but they didn't respond. Now, we wish to file the case in arbitration court for final settlement as civil suit's expensive. So Are we eligible as it's been ~3years since last bank transaction? And how should we proceed?

Advocate Shikhar Khare answered
While the last transaction was in March 2013, you can proceed to refer the dispute to arbitration as you continued to follow up with the opposite party. If you have a communication exchanged with them which is dated post March 2013, I don't see any problem with proceeding with arbitration. As regards how to proceed with the arbitration, you should file a section 9 petition for protecting your money by way of a bank guarantee or otherwise. Let us discuss this in detail.

Q: Winding up petition for nonpayment by NIOS under MHRD

NIOS has not cleared our final dues including security deposit long over due now for over 1 year. Everytime they reply it is under process. Now we have run out of patience and want to file a winding up petition. Are there any rstrictions/exemptions to NIOS it being an autonomous body under the aegis of MHRD, Govt of India. I believe for contractual breach or misconduct one can seek recovery thru winding up petition? They have not responded to our legal notice served & received by them over 2 months ago under a copy to MHRD. MHRD replied they had fwded matter to NIOS. No response since then.

Advocate Shikhar Khare answered
NIOS is not a company under the Companies Act, 1956. Therefore it is not possible to file a winding up petition against the same. However you have other remedies. It is important to see whether the byelaws of NIOS provides for arbitration of disputes. If yes, then arbitration proceedings can be commenced. Secondly, if you have a liquidated sum to be claimed by NIOS and the same is admitted by NIOS, you can file a summary suit which is faster way of securing your money. I would be able to give you better advice once I discuss the documents with you in detail. Do contact if you wish to pursue the same. Regards

Q: We fall under SC category but parents never made any certificate

I am resident of delhi since birth so are my parents. recently i have found out that my caste falls under the category of SC of WB goverment list as well as that of central govt list. none of parents has ever had any caste certificate neither they are resident of WB. can i still get caste certificate is yes how?.

Advocate Shikhar Khare answered
Since you have been resident in Delhi since birth and no one in your family has obtained a caste certificate earlier, according to the procedure of the Delhi Govt., there will be a local investigation to ascertain whether you fall under the said category. Prior to the investigation you have to fill a standard form and give all necessary details and documents, the details of which I will provide to you. Once the document formalities are over, the authorities will verify the information you have supplied and accordingly, issue a caste certificate. If you wish to proceed with this application, do contact me. Regards

Q: failed in mbbs due to wrong internal assessment but we clearly pass

Respected sir/Madam We are the final year students of University college of medical sciences and GTBH, MBBS prof. part-2 college of DELHI UNIVERSITY in Dilshad Garden, Shahadra,delhi (Total 12 Students.) Last year we failed in Medicine, but our internal assessment was sent to the university of delhi, which was clearly mentioned on our last yesrs marksheet issued by delhi university.So, as per the rules this internal assessment or highest of two internals is to be considered next time if a student appear in the university exams. acc to FMSC ,DU-Those students who are reappeari

Advocate Shikhar Khare answered
Hi. It seems that the entire query posted by you could not be uploaded. But i however get the gist of it. The relevant rules and bye-laws need to be perused before I can advice you on a proper course of action. We can discuss this in detail to reach at possible remedies available.