Advocate Jash J. Dalia

Questions Answered by Advocate Jash J. Dalia

Q: What are the court fees for filing a Rs. 1.5 crore money recovery suit?

I need to file a Rs. 1.5 Cr recovery suit against my employer in Mumbai; could you please clarify which court has jurisdiction and what the applicable court fees are for this money recovery suit?

Advocate Jash J. Dalia answered
You may file a suit for recovery or a commercial suit depending on the nature of your contract, it view of the amount being more than 1 cr, the matter will be filed before the Bombay high court, fees will depend on exactly what is finally being filed

Q: Bank Related Payment made twice by bank

I had requested the bank to make a payment of 20000 usd against my import and the bank by mistake has made the payment twice to my vendor.And to top it up they are not giving me a proper reply on further steps to be done to get my money back.

Advocate Jash J. Dalia answered
When was the payment done? You have a charge back period wherein you can raise a request for the same with your bankerFurther, your vendor can return the amount upon request failing which you can initiate appropriate legal proceedings

Q: Want to take action against Bank

I want to take action against a bank and seek compensation for harassment due to technical issue at their end where full payment due was made but it was showing as 0 amount received. Mail sent to their nodal officer has not been replied to either.All statements and other documentary proof is there.How to proceed in this case?

Advocate Jash J. Dalia answered
Your Case would like before the Consumer forum as there is a negligence and deficiency in service on the part of the Bank.Do contact to understand more details about your prospective case so that we can accordingly deal with the same.

Q: Stamp duty amount shown less than actual amount

I purchased a plot in Oct 2021 from a real estate company at ₹11,15,000 and paid 9,50,000 online and rest 1,65,000 in cash which is mentioned in their statement.Since they promised to do the registry free, so in order to save the stamp duty, they only mentioned 6 lacs in the sale dead. The land they sold also not belonged to them, hence mutation in my name is not done so far.If I approach to consumer court, would it be fine? If not then, is there any other solution to get my money?

Advocate Jash J. Dalia answered
Your solution also lies in your contract, the terms of purchase would give your various liberties including approaching the consumer forum for reliefs however a commercial suit or Arbitration would be a more viable option

Q: Possibility to recover due payments from Head Office in India

Good Day!!A client of our Head Quartered in Mumbai, India and listed on the Mumbai Stock Exchange issued a Purchase Order from their Singapore subsidiary an Offshore company. They owed us and many other companies monies and declared bankruptcy and closed down the offshore company with large amount due in payments to us with promises of paying the debt off. Their Head Office is in India and we have communication from their offices in Mumbai regarding this project. They were contracted by ONGC India to work on refurbishment of their rig Sagar Samrat for which Mercator our India based client issued the PO from their offshore company in Singapore and the rest have explained above. We are due serious monies from them and want to issue them a legal notice to start with and failing to get them to settle their dues, we would want to initiate legal proceedings against them to recover our dues. Is this something you can work with us on?

Advocate Jash J. Dalia answered
Hi, regarding the same, a legal notice can definitely be issued to the head office, under the guise of the fraudulent offshore subsidiary, further proceedings can be initiated agains the subsidiary in terms of the bankruptcy.If your cumulative dues cross 6 crores, a complaint can also officially be made to the economic offences wing