Advocate Rajat Agnihotri

Questions Answered by Advocate Rajat Agnihotri

Q: What does a case with "disposed" status mean

Dear Sir, Please clarify what does a case with "disposed" status mean? Whether its hearing has been done or a case without a bench?

Advocate Rajat Agnihotri answered
"Disposed" status in relation to a case means that the hearings in the matter have concluded said case has been finally decided by the concerned court and a suitable order has been passed in disposing the matter.

Q: Pending Litigation of Bidder in international competitive bidding

In an International Competitive Bidding, we have asked the bidder to list pending litigation and demonstrate that the amount in dispute is not more than 50% of their net worth. The Bidder did not submit the data and demonstration, instead gave an undertaking that it meets the criteria and the total amount in dispute is not more than 50% of their net worth. Could it be accepted ?? or it can strait away be disqualified ??

Advocate Rajat Agnihotri answered
The bidder cannot be forced to divulge information about pe ding litigation. If he has given an undertaking, it's best it be taken at the face of it in order to avoid an aggrieved bidder going to court against his disqualification, in the event that he is disqualified by you.

Q: FIR on the ex-neighbour for threatening my wife to kill her

One neighbour approached us for our daughter's hand in marriage. I inquired at his native & company. I found about his prior FIR for threatening to kill someone with a metal rod but case was closed plus his salary & job role was not what he told. So we told him NO. He started sending insulting sms to us, so I gave a warning but still he sent threatening sms. Recently, he threatened my wife in person that he will kill her. I filed a FIR with cheating & criminal intimidation sections. Police filed charge sheet. We have only sms as proof but not for he saying killing my wife. Is our case strong?

Advocate Rajat Agnihotri answered
Even if there is no tangible proof for the threat, doesn't mean it cannot be proved. The testimony of your wife before court narrating the exact incident of the threat extended will suffice to establish your case.

Q: Girlfriend filed a complaint for denying to marry

I was in a relationship with a girl for 7 years, our families got aware that we will marry, but due to my gf's behavior i thought the marriage wont work as she used to doubt on me,always crib,dominate and other behavioral issues, since i was living abroad from last 2 years. I refused to marry her and now she has filed case against me in NCW, that i was in physical relations with her on the promise of getting married and now i am not marrying her. Kindly suggest?

Advocate Rajat Agnihotri answered
Before anything else, ou will need to move for bail before the sessions court to be on the safer side. Thereafter, as the trial ensues you'll have to set up your defense as to whatever happened was consensual and nothing apart from that.

Q: Refund on over-payment

I was over-charged by a company for postage which I mistakenly paid, where, when requested refuse to divulge receipts for the postage in dispute and now refuse to answer my e-mails. I am based in Ireland with the company in Mumbai. How do I best proceed with this matter on getting the refund that I am due?

Advocate Rajat Agnihotri answered
You can send out a strong worded legal notice to them stating therein what exactly transpired and what your grievance is. If they don't respond even then, you can file a consumer complaint or a civil suit.