Advocate Garima Anil Mehrotra

Questions Answered by Advocate Garima Anil Mehrotra

Q: Need understanding on what does hearing without w.s meaning ?

Hello , I have a regular civil suit filed on a person who illegally occupied my property. 6 Hearings have gone and the defendant's lawyer only showed up once in 2nd last hearing and in the latest hearing he didnt come. So the judge has mentioned to proceed with 'hearing without ws'. What exactly happens here and does this go in my favour? Can the defendant's negligence and regular absence ensure in anyway that the case is in my favour.

Advocate Garima Anil Mehrotra answered
Hearing without written statement means the defendant has been disallowed to file its say or defence in the matter however you are allowed to attend the proceedings if you wish to reverse that order against you you shall need to file an application for the same

Q: The cheque bounced due to it being wrongly delivered and not drawn on us.

If a cheque deposited bounces with the reason of wrongly delivered or not drawn on us, what legal actions can be pursued? Can we file a case under section 138? Please advise.

Advocate Garima Anil Mehrotra answered
once the cheque is bounced you have to issue notice under the negotiable instruments act.it attracts criminal action.if you do not issue notice under the stipulated time then limitation starts running against you.

Q: Parking Issue based on clause mentioned in agreement

The recitals and clauses of the earlier Title Deeds as mentioned hereinabove, shall be deemed and presumed to have been incorporated in this Sale Deed/Certificate as if they are part and parcel of this Sale Deed/Certificate.Does this above clause cover parking? It has not been mentioned in the new agreement but there in the old one. I wanted to know if a Rectification deed is needed or does the clause cover it

Advocate Garima Anil Mehrotra answered
Dear SirThe agreement will have to be read in its entirety Firstly request you to share the agreement for its better understanding As by what you have mentioned above the parking a lot is not included in this clause

Q: We purchesed ancictral property 4 years ago .

We have purchased ancictral property 4 years ago .but we couldn't take signature of owners son and daughter . After purchasing one year later the suit in the court .after out court statement they withdraw the case but now after 4 years they are going to suit in court one again. The question is can that affect to our ownership of that land.

Advocate Garima Anil Mehrotra answered
Dear Sir, We have perused. Your query an dhave to answer your queries as follows:Firstly signature of owner’s son and daughter is not required if they are not co-owners of the property along with your actual owner. Please clarify why suit has been filed in court? What are the reliefs being prayed for in the suit.

Q: Commercial arbitration petition at bombay high court

I need an advocate to handle my case at bombay high court. I need guidance as to how to proceed with the commercial arbitration petition filed by FPL technologies against me. I would like to know the advocate charges as well per hearing.

Advocate Garima Anil Mehrotra answered
Dear sir, how do you know the petition has been filed against you? We take up arbitration matters in the Hon’ble Bombay High COurt. We provide quote to clients as per our scope of work. Once our quote is approved an advance payment is to be made and thereafter we proceed further. We also engage counsels if the stakes in the matter are high. Counsel memo is separate from our fees.