Advocate Tushar Roy

Questions Answered by Advocate Tushar Roy

Q: Stay order for my property auction

Can I get a stay order for my property auction by bank. already got a stay order from high court n n it dismiss now due to unpaid said amount. I want to save my property. What is d way to save it ?

Advocate Tushar Roy answered
Yes you can save your property. By filing an application before the DRT. In case Bank have proceeded under SARFAESI laws or else your relief may vary depending upon the facts and situations existing between the parties.

Q: Can I take action against bank for non approval of loan

Can I institute a legal action against a bank for non approval of pradhan mantri mudra loan even when I qualify all the criteria ?

Advocate Tushar Roy answered
You can file a consumer complaint. Banks being negligent, arbitrary and which initself will amount to defeciency of services. Before even filing a consumer complaint you need to send them a legal notice requesting them to accept your proposal and if they fail to do so then you can proceed with the filing of complaint.

Q: Bank denying bank deposit done earlier

i had two loan accounts in a bank. on 10 nov 2014 i deposited three amounts of rs. 54000 in my accounts i.e. 18000 in account 'A' and Rs. 18000 + 18000 in accoount 'B'. but however amount deposited in account A is not deposited in my account.it came into my notice in sept.2015. when i show the reciept to the bank they matched it with voucher which is matched. but now bnk is asking for the other two reciepts which were deposited in account B. i hdn't these reciepts as i had closed that account on its closure time in feb 2015. but i have the account statement of the bank.

Advocate Tushar Roy answered
You can file a civil suit for recovery of money. If your statement is reflecting the amounts deposited then you have a good case. Receipt also adds to your aid. You can also file consumer complaint for deficiency of service on the part of the Bank.

Q: Cheque bounce what action can I take

we rented a shop by investing 2.5L and due to joining govt job we had to quit in 2006.We handed the shop to our know to sell it further and he handed that to his relative assuring us to return the amount but till 2016 he has managed to pay 40K as he is not willing to return the money.Somehow in Mar 2016 the mediator has given in written on a plain paper to return the money but the cheque he provided bounced.Now he is forcing us to return the cheque then only he will make any further paymanent. we have no legal documentation what should we do is this cheque going to help us if we file a case?

Advocate Tushar Roy answered
Yes you can use this cheque to file sumary suit and also if you deposit the cheque for encahsment and if the cheque bounces then you can file complaint against the opposite party. When mediator has settled the terms between you and the opposite parties there must be some documents to show that you have arrived at a settlement, that will also help your case.

Q: Legal notice for cheque bounce was not delivered what can I do

Hello Sir, Please help me. Someone has given me two cheque leaf costing 1 lac plus INR two years ago . Those cheque have been bounced but legal notice could not be delivered as he refused to receive the notice and we don not have his address another to send it again. we sent notice three times and those could not be delivered. Please help me what to do against this person.Cheque were issued from his private limited company in may 2014. Thanks

Advocate Tushar Roy answered
Service of the notice at the registered address of the company is deemed service. You can proceed with the filing of complaint. The reason of refusal to accept the notice must be given in the service report. You have a good case to go against the company to obtain exparte orders.