Advocate Keshav Agarwal

Questions Answered by Advocate Keshav Agarwal (25+ answers)

Q: Subject: Interim Stay Order under Section 38(8) to freeze loan account

I took an auto loan of Rs 2,13,722 from IndusInd Bank. Paid all EMIs on time, but within 5 months, the vehicle was destroyed in a fire. I filed a case in Consumer Court. The insurance company paid Rs 2,00,000, and I paid the remaining Rs 13,903. The entire loan stands 100% cleared "UNDER PROTEST". The bank suffered zero loss and earned a profit.As per Clause 1.1 of the agreement, the bank has technical provision for Asset Substitution (amending engine/chassis numbers), which they admitted in writing. However, now the bank is rushing to unilaterally close the loan account to stop hypothecation transfer to my new vehicle.The Hon'ble Judge asked if there is a past precedent for vehicle substitution. Most accident victims are defaulters, so no such precedent exists. Since the bank has provision but is denying it, how can I obtain an Interim Stay Order under Section 38(8) to freeze the account status?

Advocate Keshav Agarwal answered
You can file an Interim Application under Section 38(8) of the Consumer Protection Act, 2019, seeking a status quo/stay order. Since the loan has been fully cleared and the bank has already admitted that the agreement permits asset substitution, you can argue that unilateral closure of the loan account would cause prejudice and defeat your contractual right. Ask the Commission to restrain the bank from closing the account or refusing substitution until the case is decided. Attach the agreement, payment proofs and the bank’s written admission.

Q: Question regarding rules for filing of new case in JMFC

A single application can be file to Magistrate for non registration of FIR & Defamation criminal complaint??And I have a litigant account on e-filing portal. So pls guide me to how to file new case from that portal? Pls tell explain all terms and details I have to mention there. In the act section which sections I have to mention?

Advocate Keshav Agarwal answered
You may file a complaint before the Magistrate; however, a complaint for non-registration of FIR and a criminal defamation complaint are generally distinct proceedings and may require separate pleadings depending on the facts. For non-registration of FIR, mention your prior complaints to police and seek appropriate directions. For defamation, clearly state the defamatory statements, publication, witnesses, and supporting evidence. The applicable provisions and filing format depend on the specific facts, jurisdiction, and nature of allegations. A detailed legal review is advisable before e-filing.

Q: Traffic Speeding Challan - Sent to Alwar Court

My Delhi-registered vehicle received a speeding challan in Alwar. The Parivahan portal status states: 'Sent to court AMJM No. 3 ALWAR on 2026-06-10.' I want to know if this specific court settles speeding challans via the online Virtual Court portal (vcourts.gov.in) once the data syncs, or if I will need to hire a local Alwar advocate to appear physically on my behalf to pay the fine.

Advocate Keshav Agarwal answered
Once the challan is transferred to the concerned court, you should first check whether it becomes available on the Virtual Court portal for online payment. If online disposal is not available for that court, you may need to engage a local Alwar advocate to appear on your behalf and get the matter settled. Keep monitoring the status and preserve all challan details for future reference.

Q: Need urgent legal advice regarding private photos and possible non-con

About 2 years ago, I shared intimate/private photos with my then-boyfriend during our relationship. Recently, I learned that he may have shown at least some of those photos to another person without my consent. I do not currently have proof that the photos were publicly leaked online, but I am extremely worried about the possibilityWhat legal options do I have if someone possesses my intimate photos and may have shared them without my consent?Will my identity be hidden that is a must !!

Advocate Keshav Agarwal answered
You may lodge a complaint with the Cyber Crime Portal or police even if you presently suspect unauthorized sharing. Preserve all chats and evidence. Your identity can generally be protected in such cases, and courts do not ordinarily disclose the identity of victims of sexual offences. If any image is found online, you may also seek its immediate removal and take appropriate civil and criminal action.

Q: Fraud obc certificate in in college but appeared as general in upsc

My friend is Karan. He doesn't belongs to OBC but through an agent he got OBC-NCL certificate. His name now shows in revenue department obc list also but surely he is not obc. He graduated from college using obc certificate. But now he want to appear in upsc through general category just to avoid problems in future. So will he face any problems if he clears upsc as general category candidate?

Advocate Keshav Agarwal answered
If your friend is genuinely not eligible for OBC-NCL and obtained the certificate through misrepresentation or fraud, merely applying under the General category now may not eliminate past liability. If any authority verifies his earlier claims, he may face cancellation of benefits, recovery proceedings, or other legal consequences. He should obtain proper legal advice and disclose accurate facts before appearing in any examination.