Advocate Abhijeet Mukherji

Questions Answered by Advocate Abhijeet Mukherji

Q: After 482 Order What Needs To Be Done as 498a Compromised

My wife filed the 498a,405,506,125 in 2016 in Alaigarh, so i applied for quashing under 482 for my parents in Allahabad high court. while compromise was made in 2017 and I brought back my wife in 2017 she took all cases back since than she is living with me now the 482 ordered from Allahabad high court. What is the importance of it and what i need to do further as my lawyer has advised that appear in Aligarh court and submit the order. I want ro know if wife file all the cases again what can be the outcome of it.

Advocate Abhijeet Mukherji answered
It depends on the nature of the direction passed by the Hon’ble High Court as to what steps need to be taken by you in the lower Court.Generally… the compromise needs to be herby the court below in presence of both the parties.. who file a joint affidavit before the court.. once an applican is filed an the order of verification is passed..A fresh 482 may be passed for quashing the proceedings in the light of the changed circumstances.

Q: WRONG TRANSACTION IN LIEU OF PONGY SCHEME

SIR IAM VICTIM OF PONGY SCHEME VIA PAYTM PLS DO NEEDFUL TO RECOVER MY FUND

Advocate Abhijeet Mukherji answered
First of all there is a latest statute under which the offenders under this scheme case be brought to book… but that’s a civil remedy… since the amount wrongfully gained has not been disclosed by you I just want to inform that these economic offences if are more than 5 crores then they go to EOW of the district and if less then the. Crime branch will investigate so kindly lodge an FIR under section 420, 467, 471 read with section 447 of the companies act 2013

Q: Stop of emi on plot purchase loan taken from dhfl

I have purchased a society plot through plot purchase loan from dhfl after two year title dispute arouse between two secretary and one of them taken injunction order from kanpur court.To counter that injunction order my secretary filed a writ under section 227 and high court order status quo now I am not able to construct any use my land and also giving my emi.My secretary and advocate doesn't disclose that plot is in loan.Can I make dhfl as party and ask them to stop emi until finilisation of case.What else I can do.kindky suggest.

Advocate Abhijeet Mukherji answered
File an impleadment application in the plaint .. making dhfl a party once it is allowed you can also implead it in 227 in the HC as well… Thereafter you can amend the prayer of 227. This should suffice.

Q: Bank Recovery agent harrasing by calling me for time barred debt

My name is Naga malleswara reddy, I had taken personal in ICICI bank Chennai on 2006, due to layoff in my company at that time I did not pay EMI’s for 6 months later on 2017 few members Approached me and told they are from ICICI bank and ask me to settle the loan and I had settled itFrom past few days recently, I am getting calls from ICICI bank and ask to pay loan and contacting my parents, office colleagues and discussing about my loan and informing that I am fraud person. When I told I had settled it they are asking to show settlement documents but it has settled 13 years before so I had shifted many houses so I don’t have that settlement letter with me nowThey are threatening me that they will inform this to my current company CEOI told them not call to my mobile instead i gave given my email id for any queries to respond but they are keep on calling my mobile and disturbing me

Advocate Abhijeet Mukherji answered
It is probable that your time period falls under the covid period try and meet them and fall into the settlement scheme… you have to convince them that you are ready to pay back and your repayment scheme is clear… a legal notice/ notice in this regard should suffice..

Q: financial fraud in name of other

yesterday i need to book hotel for my relatives so i searched for ginger hotel from google and got the contact details in the name of ginger hotel. i contacted on the said no. talked to him he send me details of room through WhatsApp and convinced me to be the genuine person and made the initial payment of Rs. 1000/- then later i asked for the details he didn't share then i got suspicious and blocked my card and freeze my account so what remedies does i have against it.

Advocate Abhijeet Mukherji answered
It is a economic offence.. in the nature of a cyber crime 1. Inform your Bank Manager by giving him an application regarding the incident 2. Before this get an FIR lodged regarding the Wrongful loss of the money in your account or wrongful seizure of your account.3. Also give a separate application to the cyber crime cell and SSP/SP of your district Contact us for further details