Advocate Sarthak Malhotra

Questions Answered by Advocate Sarthak Malhotra

Q: Friendly loan given how to recover it now

I transferred 1.45lkh rs through neft to my friend. Apart from this I've no proof. When I asked him to return, he send me a picture of hand written cheque of 1lkh stating that it was an neft cheque and soon the amount get credit in my account but it was nothing he want more time. I do not know if that picture can be used as a proof. Now I sent a legal notice to his place but it could not delivered as the speed post status flashing door locked. Now what should I do, should I send a Xerox of notice by courier or some other means or wait the same speed post to be delivered back to origin and again send it by speed post? One more thing, The legal notice, it have to be in original or the Xerox will do also good?

Advocate Sarthak Malhotra answered
Hello. You may try sending the notice on whatsapp and email as well. Courts have started recognising whatsapp as a communication tool for such purposes. It is also advised that you send the original copy of notice to him.

Q: Advice about payment recovery through MSMED act 2006

1. Under MSMED act 2006 how old invoices can be submitted for payment. Our company has balance payments with some builders and other limited companies under running account some of such accounts are in operation since 2007. 2. Can we close the recovery payment cases and use this MSMED act 2006 medium for our balance payment recovery under this? 3. There is an arbitration clause in case of a builder company which has to be appointed by the company. We have requested this company through e-mail but it is not responding. What should be done to get the arbitrator appointed. Matter is more than 50 lakhs

Advocate Sarthak Malhotra answered
Hello. Please file a Section 11 (arbitration act) application after which the court will see if there is an arbitration agreement and will appoint an arbitrator. This will also be helpful to you insofar as the court will appoint an arbitrator and not the company itself. With respect to the issue of invoices, that is a matter of assesment of limitation period which typically is three years.

Q: Application in High court for correction of calculation

we have an award which was against us and was given in 2004 arbitration, the same was upheld in the tribunal and high court in 2010. however, the entire litigation was based on the law of limitation and other grounds apart from the calculation, the award has a serious calculation mistake and leads to a huge amount which went unnoticed initially and at the later stage it was not raised. now the case is in recovery with rcs( registrar of societies) and is pending we have filed for correction of calculation but the rcs in response say they can't do it as the high court has upheld the order, whereas legally any calculation mistake can be corrected at any point of time. can we file an application in high court for correction of calculation will it be accepted? what will be the procedure?

Advocate Sarthak Malhotra answered
Hello. You may approach the High Court under Section 37 of the Arbitration and Conciliation Act 1996. Please also clarify if the arbitration was done under the 1940 Act and 1996 Act. You may have different remedies if the arbitration was done under the 1940 Act.