Advocate Ekta Mehta

Questions Answered by Advocate Ekta Mehta

Q: Salary Re fixation and Recovery Of Arrears

I am employed as an assistant administrative officer since Nov 13. I joined as ex servicemen and therefore got my initial salary fixed as per my last pay drawn certificate given and on the basis of circulars of organisation at that time. Now indian bank association has prepared a new guidelines and the organisation issued instructions to re fix my salary as per the new guidelines given by the IBA. New circulars doesn't have provision for retro reduction of salary. What should be done in this case.

Advocate Ekta Mehta answered
The guidelines and the Rules under which they are framed will have to be seen. The instructions by your organisation will also have to be seen. If they are contrary to the guidelines of the IBA, you may have to take up the issue with the organisation or else may have to challenge the same in an appropriate Court.

Q: How to get the ex parte decree set aside

Execution has been filed on an ex parte decree passed by a patiala house court . need help and advice on how to set it aside .

Advocate Ekta Mehta answered
You will need to file an application to set aside the ex parte decree. There are certain grounds on which an ex parte decree can be set aside. This depends on why the decree was passed ex parte. You will also need to contest the execution proceedings.

Q: Compliance to follow after a breach of contract

we have signed contract with one datacenter for services, but in testing phase we found that bandwidth given to us for email services is very less, now to increase the bandwidth Data Center is asking for money. Since already we are paying them amount which is more then our other datacenter vendors. So we want to exit the contract. Now can somebody help me what are the compliances that my firm owes as per contract one month notice is needed, but we are start ups we cannt pay for one month without fulfilling of requirement. So we are feeling that we are forged by Datacenter, since we clearly mentioned our requirement then why they had offered us bandwidth of 3Mbps, when they have experience, they know that this bandwidth will not be useful to us. When now we want to exit the contract they say that they will take legal action etc. But I exited, we have no pending liabilities and dues, we have paid all our dues for services used. But they want us to pay for one month as we are exiting.

Advocate Ekta Mehta answered
If the data centre has not performed as per the contract between yourselves you can exit from the contract. However the manner to exit and the consequences thereof depend on the terms of the contract. Kindly share the contract for better advice.

Q: Illegal possession of property near Jangpura South Delhi

I had purchased a Residential Property for Investment purpose & had also taken Loan on the same. The Builder has not given Possession of the premises to me & another Third party is residing on the premises. Although it was discussed with Builder that I will be getting assured return @ 18% on my Investment / Rental of premises whichever is higher but nothing has been paid to me. On top of this I have to pay monthly EMI's on the Loan taken by me from NBFC. Now I don't have further Funds to pay the NBFC any further EMI's. Now only option left with me is to either File a Police complaint or to surrender the Flat to NBFC so that they can sell the Flat & close the Loan component. Please advice.

Advocate Ekta Mehta answered
If the builder has not given possession by the stipulated date you should file appropriate proceedings in court for refund or possession with compensation. As far as the loan is concerned pls share more details on it to advice better.

Q: Legal action against the father forcing to vacate the house

Dear respected.. Would want to know if my father has abandoned his wife and both children without divorce and is living with some other lady since 2005. Since then he has been sending people to get the house vacated in which we are staying with my mother and family(wife & kid). The sale deed is in his name. What are the possibilities that we are not made to vacate the house. We dont have any other property in which we can stay after vacating the property. Need advise Regards

Advocate Ekta Mehta answered
You will need to file appropriate proceedings in court to protect your possession and not be vacated. This is subject to the circumstances of your case and the terms and conditions of the sale deed or any other document that may have been executed.