Advocate Abhinav Mishra

Questions Answered by Advocate Abhinav Mishra

Q: Unable to pay father's loan EMI

Hi. My name is Sivaram. My father took a personal loan of 5 lakhs from Axis bank and the monthly emi is around 16,000/- and he has a credit card as well with total due of 60,000. Unfortunately, my father expired due to brain hammerrage. My financial condition is not so good and I am unable to pay his dues. Am I bound to pay his dues? Can bank force me to clear the dues? What to do in this case? Please help.

Advocate Abhinav Mishra answered
Dear Sir, you are not liable to pay to the bank since it was personal loan. The maximum that a bank can do is to auction the property given as a security to the bank. In case the bank files a civil case (of which the chances are very rare), you can very well deny your liability to pay and have a good case in defence. Hope this helps. Thanks.

Q: Insolvency and Bankruptcy Code

What if there is a false dispute raised before issuing demand notice under Insolvency?Will it be considered a pre- existing dispute?

Advocate Abhinav Mishra answered
Court can have a prima facie look over the dispute to determine its existence. However, NCLT does not have power under IBC to sit over and step into the shoes of a civil court for deciding the existence of a dispute. Hope this helps. Thanks.

Q: Regarding online pharmacies irresponsibility, negligence and ignorance

Sir,I have ordered a medicine in an online pharmacy called PharmEasy. After ordering they asked me patient details etc. I gave them it. After two days they cancelled the order by saying that the medicine is out of stock. I asked them why shouldn't make a note this is not available near the medicine page. They don't respond for that. Can you give legal notice against their medical negligence under IPC 420?

Advocate Abhinav Mishra answered
420 is not preferable in this case. its better that we that they are sued for breach of contractual and under the consumer protection laws. consumer protection laws are a faster alternative to regular court procedings which takes years to finish. Hope this helps. thanks.

Q: Wife complains against a husband

Hello,Me and my wife working in same company. Recently due to some ethical issues my wife has given a written complaint against me regarding domestic violence at home and not in office . I am not aware what action will be taken as HR has not yet came to me.I want to know what action company or HR could take against me?Does company has any role in taking action against their employees regarding employees personal affairs.

Advocate Abhinav Mishra answered
A company has no role to play in the personal affairs of its employees. However, a company doesn't would also not want to be associated with a person who has bad image or a history of violence with women. if its a private company, it can fire you from the Company by following some necessary procedures and you will be left with no remedy. However, if its a government company, it has to follow the principles of natural jusitce and give you an opportunity to prove your innocence. I hope it helps.