Advocate Mohit Kakkar

Questions Answered by Advocate Mohit Kakkar

Q: What to do if bank does not inform the CIBIL about payment received

I was a credit card user and due to some personal issue I was not able to pay outstanding . But in Jan 2017 I paid all the outstanding and late fees but still hdfc bank did not informed the cibil and other finicial services and it's impact negative score. As per rti bank has to update cibil with in 60 days max. Due to this my home loan rejected and for two wheeler loan I paid higher interest .Plz guide

Advocate Mohit Kakkar answered
Sir, cibil score is not under the bank this is ur score and it update with your transactions or relation with bank or any others finances, if u are not pay the outstanding amount or if your cheque is bounce automatically your cibil is go down. And it update after 3 year again.

Q: Can a review petition be filed if the case is disposed off in HC

This is relation to my father's accident case. The case was pending before the High Court of chandigarh and Haryana since 2001. I was checking the case status online and found that the case has been dismissed by the judge around 3 months back. No notice of hearing was received by us and also our lawyer did not intimate us about the proceedings. It is only when I was checking online the fact came in our knowledge. Can we file a review petition before the court or should go to supreme Court directly? Can the delay be condoned? Please note that judgement copy was not served to us.

Advocate Mohit Kakkar answered
First check the order, passed by Hon'ble High Court, and check the advocate was appeared or not. If the case was dismiss in default then u file an application and other remedy after seeing the case status or orders or file. So fix meeting

Q: how long it would take to bail a person under 420 & 120

hi everyone.... nd my relative is in jail for three yrs. under section 420&120 by the order of session court rewari dated 11/05/18. i want to challenge this in high court chandigarh so can anyone tell me how much time it would take to bail him nd what would be the actual proceeding of court,nd plz also let me know whether court is gonna listen us in June vacations or not

Advocate Mohit Kakkar answered
Now we have remedy to file criminal appeal against this order with suspension of sentence and stay of fine if any and no comments on bail because without read alligation or documents of the entire case and if u want actual proceeding then fix a meeting and in june high court is not working but vacation roster is also available.

Q: Legal action against customer not paying for the items received by him

Dear Team, I wish to know the legal action that could be taken against the customer who has taken away the ordered item with the bill but now delaying the payment on one pretext or another.

Advocate Mohit Kakkar answered
First we have to issue legal notice of 30 days to customer to make the payment, if fail to return after receving legal notice, then we have remedy of civil suit for recovery before civil court by jurisdiction

Q: Withdrawing guarantee given for mortgage of agricultural land

I am guaranter I have mortgage my agriculture land how can I withdraw my guarantee

Advocate Mohit Kakkar answered
First you should to verify that whether amount has been paid for which u were made gurantor. If the amount has been paid then the agency will issue Noc/ certificate of discharge of gurranty to the gurrantor and the other document related to you