Advocate Arun Kumar

Questions Answered by Advocate Arun Kumar

Q: What punishment is given to a personal loan defaulter by court

Sir I took a personal loan from icici bank before..after six EMI I couldn't pay further due to job loss. Bank file a case but I didn't receive any notice... Now the case is become ex parte. Now my question is what's the maximum punishment If i couldn't repay??. Will they forfeit my property?? Or they will put me to the jail?? Please advise

Advocate Arun Kumar answered
You need to understand that ex parte proceedings are initiated only in civil cases. Normally there is no imprisonment if you have movable or immovable properties to clear debt. But you need to file an application to call the ex parte order back and join the proceedings of case. You need to defend. If you defend properly, bank may agree on a good time for one time settlement. In such an event you can resolve dispute with minimum hassle. For further inquiry you can fix an appointment for telephonic/vedio/personal conference for further advise.

Q: Can I send legal notice to bank for credit card settlement

I want legal advice regarding NOC letter from Bank after Credit card settelment. Can i send notice to bank for this.

Advocate Arun Kumar answered
Yes you can send the legal notice to the bank. But you need to discuss all the facts first so that a proper and effective notice can be drafted. You must be careful as the notice will become the first plea of your case, so this should be strong enough.

Q: Married brother's wife & she filed a case u/s 498A against the family

Sir mare shaadi mare bhabhi se hue the usne mare family pr 498 ka cash kr diya h isliye mh kuch puchna chagta hu please help me.

Advocate Arun Kumar answered
Aap ko apna case achhe se defend karna hoga, anticipatory bail apply karni hogi. Anticipatory bail 498A ke case me mil jati hai. Aapka swal puri information nahi de raha hai jaise ki, aap kaha rahate hai, shadi kab hui thi, is shadi se koi bacha ya bachi hai. Aapki family me aur kaun aapke saath (husband, wife, children) ke alawa rahta tha.In sabhi ke baare me jaanane ke baad hi theek salah di ja sakti hai. aap mujh se phone per baat kar sakte hai.

Q: Non payment of assured returns by the builder

I have purchased retail shop from the builder with a assured return of 11.5% for which full payment is made . He is stops giving cheques since last 03 months

Advocate Arun Kumar answered
You can register (1) a case with the police against the builder for criminal cheating and also together you can file a case before Consumer Court, if this shop was for your livelihood or before permanent lok adalat if the total sale price is less than Rs. 1 crore. You can also file a civil case for possession and recovery.You can bring all the papers, letters, communications and e-mails for further and clear advise.

Q: Procedure to obtain bail in dowry case lodged by wife

My wife lodged a complain in Jhajjar ADR centre allegation of unnatural sex dowary demand plz guide me how can I appeal for bail or where to appeal FIR has not been lodged yet Religion Hindu

Advocate Arun Kumar answered
You need to hire a good lawyer as if Section 377 IPC is involved in FIR, getting bail is not simple. Your case has to be pleaded properly. There are two ways to get the bail order i.e. 1. Anticipatory Bail; and 2. Regular Bail. Anticipatory bail can be applied y a person who has a reason or presumption that he will be arrested under any such case by the police. The application for anticipatory bail is applied before the court of Sessions Judge. The chances about getting bail can be advised only after reading the contents allegations alleged in FIR. As your wife had already lodged a complaint with the police, on that basis also you can file an application for anticipatory bail and in that a case, the police will appear before the court and will disclosed whether they have already registered the case or are about to register a case. Even if they say that police is about to register a case, your lawyer can request to the court that the Investigating officer be directed to give a week's notice before arrest, to enable you to apply for anticipatory bail.While as regular bail can be applied only after the arrest by the police before the concerned Magistrate court.From the question you have asked, it seems that you have not been arrested so far. You should immediately hire a good advocate and apply for anticipatory bailI do practice and appear before Jujjhar Courts also. For further doubt and advise, you can send the FIR No and name of police station, or with the copy of complaint she had lodged with the police at my e-mail address.