Advocate Rohan Sharma

Questions Answered by Advocate Rohan Sharma

Q: Validity of Execution proceedings

My Company filed civil suit against me for recovery of money of Rs. 10 lac on account of fraud and filed another separate civil suit against another employee for recovery of the same amount. The total fraud amount as estimated was Rs. 10 lac. I have lost the case and decree was awarded against me. My question is whether my company can file two separate suits for recovery of amount of 20/- lac (10 lac from me and 10 lac from other employee) whereas the the total amount lost in fraud is 10 lac.

Advocate Rohan Sharma answered
this is misrepresentation by the company before court and you or the other person can take legal criminal action against them about how they defrauded the court to obtain a higher amount of money. you have civil remedies, too

Q: Paise lene hai returns plz help me...

Sir mujhe detail chahiye thi main kisi ko 100000 rs diye thay 3 saal phle usne mujhe ek cheque aur affidavit diya tha aur toh sir usne mujhe 15 month ka bawaj nhi diya h aur na hi payment diya h iss case m Kuch HOTA skta hai kya ....par sir ek problem aur h woh cheque aur affidavit Ghar m kahi miss ho gya h bccho n ya wife n kahi miss kr diya h ya mil nhi rha iss case m paise mil skte h ki nhi plz help me sir.....

Advocate Rohan Sharma answered
if you can find the cheque, then a criminal case for dishonour of cheque can be made out. Even otherwise, you have civil remedies available for yourself which you can avail before a court of law. sending a legal notice first should be helpful

Q: My wife about to send MC on me

My wife about to file MC case but not filed yet. Can I buy bike on my name?

Advocate Rohan Sharma answered
Firstly, how do you know that she is about to file a case? to protect your interest, it will be advisable to not buy the bike right now. even if you want to buy it, you should take a loan and then pay it in EMI. Though there won't be much prejudice against you if you buy a motorbike

Q: Money Recovery from friend for Credit Card Usage

Hello,My friend asked me to use my credit card as she needs for setting up some business overseas where she need to use my card to do online payments. Initially, she was making payments but then she was paying only minimum dues of credit card which led to accumulate the high interest on cards and also card bill increased a lot. Now, whenever I am asking for money to pay my card bills, she give me some reasons and dates that she will give me but she doesn't and it goes on. What should I do ?

Advocate Rohan Sharma answered
you could start by sending her a legal notice before going to court. pursuant to that, you can file a case for recovery of money and take it from her in one go or in installments. the court proceedings will be short since online payments don't require much proof.

Q: Consumer court issues NBW, but OP not arrested

In my execution case against builder, Lucknow consumer court had issued NBW against opponent party two times, but the OP is neither being arrested nor coming to court for his presence. What should I do now!

Advocate Rohan Sharma answered
In a civil case, on issuance of NBW, the OP is not arrested. NBW means that the local police officer in his jurisdiction will approach the OP and inform them of the case and next date of hearing and ask OP to be present. To ensure OP's presence, the police officer will make OP execute a bond, wherein the same will stand cancelled if he doesn't appear. In Court, now, proceedings under Section 82 CRPC will proceed.