Advocate N Sudalai Muthu

Questions Answered by Advocate N Sudalai Muthu

Q: Government employee suspended from service, steps to be taken now

A Government employee suspended from service for more than 2 and half years, sought remedy through Honble High Court of Madras. The court passed the order as below: “ Be that as it may, it is open to the petitioner herein to submit a representation for revoking the order of suspension to the respondent within a period of two weeks from the date of receipt of a copy of this order and the respondent, on receipt of the same is directed to consider the said representation on merits and in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision taken to the writ petitioner”. Whether the above order sets aside the suspension order and entitles the employee to be reinstated into service.

Advocate N Sudalai Muthu answered
Sir, The above not setting aside the suspension order instead it directs the respondent government to consider the claim of you on merits.reinstatement will not be automatic by this order.Goverment may also reject your claim.

Q: For a company's dealership they request security cheque

Dear sir, If a company asks for security cheque of two lakhs and demand not to fill number column, how should i handle the situation to get support from company.

Advocate N Sudalai Muthu answered
sir first you please clarify why the company insisting you to issue a cheque. it is not a good practice to issue a cheque leaving column as blank. instead of issuing cheque, you convince the employer with some other instruments like letter of undertaking. even after if they insisting, you please obtain a letter from the company by disclosing facts which behind the blank security cheque.

Q: How to gain permanent employment with bank after fathers passing away

IAM Vinay Kumar (24years)my father was worked on Indian bank (PSB)substaff cader . my father was expired on 22/10/2010. IAM not getting any job and exgratia my mother health is not good after my father expired iam giving my service as temporary substaff till date plz plz guide to me

Advocate N Sudalai Muthu answered
Sir, you can file application requesting to provide for a compassionate appointment with your father's bank. but it is purely discretion of the bank considering indigency of your family depending upon the rules and regulations of the bank governing compassionate appointment. Our Supreme Court and several High Courts consistently held that compassionate appointment can be given to the legal heirs of the deceased employee subject to the condition of indigency, non availability of alternative income sources to maintain the family. Good luck.

Q: Gave money to friend now he is refusing to return, how to recover?

I have given 2 lac rupees loan to my friend.He promised me to give this amount of money in 1month.He gave me signed stamp paper and signed blank cheque.Now he refuses to give me the amount.what I have to do?

Advocate N Sudalai Muthu answered
Sir, You can file a civil suit claiming the loan amount along with interest and possibilities are open to present the cheque in your account and adjust the same against your dues. if the cheque not honoured , then you can file a complaint under section 138 of NI Act against your friend.

Q: I bought a car by taking loan, I sold car but second owner not paying

Hi i had taken a car loan and bought a car. Due to some business difficulties i had given the car as is with the loan being taken over by another person with an agreement signed to safe guard myself. He had been paying but he has of late defaulted 6 of his emi payments and in the meanwhile has pledged the car physically to another person for 3 laks. He has not returned that money nor paid my emi s which amounts to almost 1.5 laks. Now the bank is pressuring me to pay the same. How do i take it forward?

Advocate N Sudalai Muthu answered
Dear sir At the time first purchase by you, endorsement will be made the fancier in the Registration certificate if vehicle. Till the closing of loan it would continue. In case you want to sell the vehicle for any reason, it should be made only after the payment of entire Loan amount otherwise the proposed purchaser have to get no objection certificate from financier after e exiting necessary documents. But the hypothication will continue to be in existence till closing of loan Now to your Case if you sold a vehicle with the consent of financier or bank after obtaining necessary documents you need not worry about anything. If not you are also responsible forlorn amount.