Advocate Gaurav Lakhwani

Questions Answered by Advocate Gaurav Lakhwani

Q: I am received a notice from additional chief metropol

Hii I am received a notice from additional chief metropolitan magistrate under sec. 25 payment & settlement act. what I can do please...

Advocate Gaurav Lakhwani answered
Sir/Ma'am, In this case, you need to be present before the said court on the date as mentioned in the summons. If you do not remain present, the court has the power to issue bailable/non-bailable warrant against you to ensure your presence. After remaining present, you shall receive a copy of the complaint filed against you. once you receive the copy you can ascertain your defences. If it is a bogus case filed against you, you also have a recourse to approach the Hon'ble High Court to get the complaint quashed. Please engage an Advocate and seek advice as to the resources available to you.

Q: Employer not ready to reduce notice period

I have a service agreement with my present employer stating that I can avail buyout option to reduce my notice period. But my seniors concerned with same are not approving the same. What should I do?

Advocate Gaurav Lakhwani answered
Sir/Ma'am, Firstly, you should have written communications with your employer (preferably over email), asking him/her to adhere to the terms of the service agreement. Once you get a written denial from the employer, you should pursue sending a legal notice through your Advocate. If you do not get the desired outcome after the legal notice, you can proceed on filing a civil suit for specific performance of your contract with the employer.Secondly, I would suggest you to reproduce the term with respect to the buyout option, as written in the service agreement with your employer. That would help in exactly ascertaining your next step.

Q: Got termination ,not giving my signed chèque of contract .

Got termination ,not giving my signed chèque of contract ,i have stopped cheque fromage m'y bank saying Its lost what can Company owner do ? And Its being 35 days since termination and ï hv stopped cheque today So Will whatsapp time m'y signed chèque Will be valid for thém to do any bounce cheque complain ?

Advocate Gaurav Lakhwani answered
Sir/Ma'am, Primarily it appears that your query lacks certain specific details about the circumstances of termination and the contract terms. Answering your query about validity of the cheque - a cheque remains valid and is not considered as stale, for a period of 3 months from the date of the cheque. If the cheque issued by you is deposited, it will be returned with an intimation of payment stopped by drawer. Since accoriding to the existing law, the presumption is against you, the company can initiate legal proceedings of cheque dishonor against you, subject to the terms of the contract in this respect (if any). Once and if in case the cheque dishonor complaint is filed, you have multiple legal recourse available to defend yourself, which you may choose from, after proper legal consultation.

Q: It company is refusing to complete project as per agreement

We have outsourced a WEB application IT project to Ahmedabad base IT company with fix amount and fix time frame, current status is 30 to 40% work is completed of entire project in total 10 month (complete project time frame is 2 month) we have given 80% advance payment, right now IT company is refusing to complete the entire project or even small tasks, IT company have clear understanding of consequence we certainly may face due to there refusal to complete the project. due to there refusal to complete remaining work with in time line our company is facing future existential crisis. we are looking for legal guidance and consultancy.

Advocate Gaurav Lakhwani answered
Sir/Ma'am, In the given circumstances as stated by you, there are multiple legal ways to achieve the desired outcome. In case you have a written contract with the Ahmedbad based IT company, you can take them to court for specific performance of the terms and conditions of the contract, by filing necessary petition for the same. Meanwhile, if there is a color of criminality to this and after indepth legal consultation, you can also pursue filing of criminal complaint against the firm for cheating and/or criminal breach of trust, amongst other offences that may be made out.

Q: How to proceed in a cheque bounce case

can i report in police against check bounce?

Advocate Gaurav Lakhwani answered
Sir, You will have to send the opponent a legal notice within 30days from the date of the return memo, requesting to pay the amount within 15days from the receipt of the said notice. If your outstanding amount is not settled within that time period, you can file a criminal case against the accused within further 30 days.