Advocate Mrugen Dhage

Questions Answered by Advocate Mrugen Dhage

Q: submit google timeline location history as evidence in court.

Hello, I want to submit my Google maps Timeline location history as an evidence. Google maps timeline records all travel movements, simply a GPS tracking, an individual's movements. and can be seen in Google Maps timeline option, for a particular selected date, it shows all movements and travels. I want to submit this information to court to prove my location at certain place on certain date. how do i submit that.

Advocate Mrugen Dhage answered
Yes, Google Maps Timeline can be relied upon as corroborative electronic evidence, but it should not be treated as conclusive proof by itself. The evidentiary value depends upon proper compliance with the provisions governing electronic records.You should:1. Export or download the relevant Google Maps Timeline for the specific date.2. Take printouts/screenshots showing the date, time and location.3. Produce the electronic record in its original electronic form, if available.4. File a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Section 65B of the Indian Evidence Act, 1872), certifying the manner in which the record was generated and preserved.5. If necessary, request the Court to summon records from Google or seek expert examination to establish authenticity.The Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) reaffirmed that compliance with the statutory certificate requirement for electronic records is ordinarily mandatory for admissibility, subject to limited exceptions where the record is not in the party’s possession. Further, in the PhonePe Pvt. Ltd. court appearance dispute, the Delhi State Consumer Commission held that Google Navigation logs and Rapido ride history alone were insufficient to establish a valid court appearance. The Commission observed that such digital location records may indicate movement or presence in a particular area, but they do not, by themselves, prove the legal fact sought to be established unless supported by other admissible evidence.

Q: Advice regarding False Allegation Criminal Intimidation and Defamation

In December 2024, while I was serving as Secretary of a housing society, I had an incident with another resident. During the incident, the resident used abusive language and allegedly issued life threat. Incident was captured on the society's CCTV cameras. Based on the incident, I filed a NC with the local police. the same resident submitted a written complaint to the MC alleging that I had threatened his life, and also shared email in society WA group. Looking for advice here.

Advocate Mrugen Dhage answered
Based on the facts stated, if the incident was captured on the society’s CCTV and you have already lodged a Non-Cognizable (NC) complaint immediately after the incident, those records will be important evidence in your favour. Preserve the CCTV footage and obtain a copy if possible, along with the NC acknowledgment.A mere allegation by the other resident does not establish guilt. If the Managing Committee receives a complaint, you may submit a detailed written reply enclosing the CCTV footage (if available), the NC complaint, and any other supporting evidence to rebut the allegations.If the other resident has knowingly made false allegations with the intention to harm your reputation or initiate false criminal proceedings, you may explore appropriate legal remedies, including action for defamation or for giving false information to public authorities, depending upon the facts and the outcome of the police inquiry.If the police call you for inquiry, cooperate fully, provide all evidence in your possession, and avoid any direct confrontation with the complainant. Since the matter appears to involve cross-allegations, the objective evidence, particularly the CCTV footage and contemporaneous records, will carry significant weight.Adv. Mrugen Dhage l High Court Of Bombay

Q: I have taken mortgage loan from cooperative bank, bank not disbursed s

I have taken mortgage loan from cooperative bank, to sanction amount bank taken entire property but Disbursed partially, even I paid intrest and EMI, before npa , but bank sealed my running factory and house valued ₹ 13/14 crore against demand of ₹ 2.6 crore, now case is in drt, pune , going on hearing,

Advocate Mrugen Dhage answered
Dear Sir/Madam,From the facts shared, it appears that the Bank has acted disproportionately by taking possession/sealing of assets whose value is substantially higher than the alleged outstanding amount. If the secured assets are worth approximately ₹13–14 crore against a claim of around ₹2.6 crore, the action of the Bank can be legally examined on the grounds of arbitrariness, procedural irregularity, valuation issues, and non-compliance with mandatory provisions under the SARFAESI Act and related Rules.Further, since your factory was a running concern and you had already been paying EMI/interest prior to classification as NPA, the legality of the NPA declaration, possession process, notices issued, and conduct of the Bank before the DRT, Pune becomes very important. In many matters, Courts and Tribunals have protected borrowers where due procedure was not followed or where the action of the Bank caused excessive prejudice.Your matter requires immediate strategic handling before the DRT to safeguard the property and challenge the Bank’s measures effectively.I would be glad to discuss the documents and guide you on the strongest possible legal remedy and defence available in your case.

Q: I have taken mortgage loan from cooperative bank, bank not disbursed s

I have taken mortgage loan from cooperative bank, to sanction amount bank taken entire property but Disbursed partially, even I paid intrest and EMI, before npa , but bank sealed my running factory and house valued ₹ 13/14 crore against demand of ₹ 2.6 crore, now case is in drt, pune , going on hearing,

Advocate Mrugen Dhage answered
Sir, from the facts stated by you, the action of the bank appears to be excessive and legally challengeable, particularly if the entire property was mortgaged despite partial disbursement of the loan amount and possession was taken of assets worth ₹13–14 crores against an alleged outstanding of ₹2.6 crores. The matter can be contested before the DRT on grounds of improper NPA classification, disproportionate SARFAESI action, and illegal sealing of a running factory causing serious business loss. A detailed review of the sanction letter, notices, account statements, and valuation documents is necessary to build a strong defence and seek interim reliefs. You may share the complete papers for proper legal assessment. We can also discuss the matter further over a call.