Advocate Abhimanyu Goel

Questions Answered by Advocate Abhimanyu Goel

Q: Friendly loan given how to recover it now

I transferred 1.45lkh rs through neft to my friend. Apart from this I've no proof. When I asked him to return, he send me a picture of hand written cheque of 1lkh stating that it was an neft cheque and soon the amount get credit in my account but it was nothing he want more time. I do not know if that picture can be used as a proof. Now I sent a legal notice to his place but it could not delivered as the speed post status flashing door locked. Now what should I do, should I send a Xerox of notice by courier or some other means or wait the same speed post to be delivered back to origin and again send it by speed post? One more thing, The legal notice, it have to be in original or the Xerox will do also good?

Advocate Abhimanyu Goel answered
You can file a civil suit for the recovery of friendly loan that had been disbursed by you in favor of your friend's bank account. Moreover, as far as delivery of legal notice is concerned, now a days notices as well as summons of court may also be served through electronic means like emails and whatsapp. So the legal notice that you wish to serve upon him may be delivered through whatsapp or email

Q: Legal advice about a revived case from Ex-Parte status

Saket Courts, New Delhi -(Civil suit No. 210017/16) History of the case: This case was filed by plaintiff for recovery in Delhi high court but was transferred to district court due to amount jurisdiction limit. And here we could not go to lower court. Current status is that the plaintiff`s witnesses have given their witness in defendant`s absence and case had come for final argument before revival from ex-parte status. Now case has been revived after our application from ex-parte status In this case - Defendants want following goals. Please tell will it be possible or not: 1.Defendants want to add its list of witnesses and want to bring one more defendant in this case whose right for WS has already been closed in the beginning. Shall we need to approach High court for this or this district court can do this? 2.Now defendants want correction in defendants nos. -which is currently 3 instead of 4 and mistake did by our lawyer and plaintiff also followed the same sequence.

Advocate Abhimanyu Goel answered
Hello, Please find below the answers to the questions that have been asked by you:-1. Yes, you may file your list of witnesses but only after filing an appropriate application before the court for seeking the right to cross examine the witnesses whom you want to cross examine and that application would also be accompanied by the reasons on the basis of which you want to cross examine those witnesses .With respect to the defendant whose right to file WS is closed, If you want him to bring any document before the court then you may file an appropriate application regarding the same, if you wamnt him to examine then you may also examine him as a witness (Please specify). You need not to approach High Court for the same, all these things may be done before the Trial Court only.2.Your second question is not very much clear in nature.