Advocate Bharat Kumar

Questions Answered by Advocate Bharat Kumar

Q: Removal of service, union Bank of india..

My self Bhoja Banothu, senior manager,union Bank of India, Gulbarga branch, Karnataka state, my head office, Mumbai, after removal of service, my native Hyderabad,my appeal and review submitted bank , they have rejected .whether I have to file writ petition Telangana high court,Kindly guide me...

Advocate Bharat Kumar answered
Based on your query I would like to advise you that Suitable line of action can be determined after going through the documents and orders of ths authority who have passed this order. I need to review the show cause notices, your representation/replies etc. Whether quantum of punishment is awarded reasonably or not that can be ascertained after reviwing the orders passed bg the authority.

Q: Regarding builder delay in completion & Maintenance of gated community

This is Multi model(9 Villas,15 Independent houses & 30 Flats apartment)1. Out of 54 units Almost 25-30 Families were occupied between April'22 to Till date. The builder some of the finishing works are still incomplete & some of poor constructions are there in the community. And the builder is not responding towards completion on the same.2. There is 1 dispute is going on between Apartment, Villa & Independent owners on monthly maintenance share. Please advice.

Advocate Bharat Kumar answered
With reference to your query I have to clarify that you need to send documents for review and other agreements executed by the Builder. in case of any violation by the Builder we have to send them a legal notice stipulating your demand and then wait for his response.

Q: bank auctioned collateral security for a lesser value than market valu

SBH auctioned factory land & sheds for Rs.2.47 Cr to a single bidder in October 2015. The purchaser mortgaged the same property to andhra bank and availed loan Rs.8.50 Cr. Andhra Bank valuator valued the property for Rs.9.81 Cr which was mentioned in Sanction Letter. We found the above fact in 2022. SBH filed OA in DRT, which is pending for orders. Pl suggest what options available to me as a guarator of the loans availed by the SBH borrower.

Advocate Bharat Kumar answered
The fair market value of property is very important while fixing the value of the property in auction proceedings . Bank cannot ignore that provision and if the bank has violated undervalued the value of property then it can be challenged inappropriate forum to cancel the auction proceeding. When a statute prescribes a thing to be the done in a particular way then it must be done in that way . Sarfaesi actions can be challenged with strong legal grounds.

Q: Gratuity fund not released..not responding

I have worked at a private engineering college in Hyderabad for 10 years and resigned recently to take up another job. Relieving letters and experience letters were issued on the last working day. Salary dues were cleared after 15 days. But when I approach them for my gratuity amount by phone and email,. They are not responding to me. It has been 75 days since I resigned and was relieved. They informed me indirectly through colleagues that my issue is under processing. please advice.

Advocate Bharat Kumar answered
You have to initiate legal process by issuing legal notice if they are not paying you the gratuity amount. if they are not responding then you can Institute a case against company. in case of any query you may contact lawyer..