Advocate Shambhavi Sharma

Questions Answered by Advocate Shambhavi Sharma (50+ answers)

Q: Interim stay on unilateral loan closure under Section 38(8)

I financed an auto loan from IndusInd Bank. Vehicle was burned within 5 months. I filed a case in Ahmednagar Consumer Court. Insurer paid Rs 2,00,000, and I paid Rs 13,903. Total loan stands 100% cleared strictly "UNDER PROTEST" on 30-09-2026. Bank suffered zero loss, earning profit.On 22-09-2026, I legally objected to bank's forced foreclosure to destroy my right to vehicle substitution under Clause 1.1. In legal reply, bank states: "Any amendment to asset particulars... engine/chassis/registration particulars... cannot be construed as conferring an unilateral right... without Bank's approval..."The Judge at admission stage specifically asked: "Is there any past judgment or decided precedent regarding vehicle/asset substitution under a loan agreement? If yes, present it."Most victims lack insurance or are defaulters, so no precedent exists. How can I urgently get an Interim Stay under Sec 38(8) to freeze account status and stop unilateral closure? Advice needed.

Advocate Shambhavi Sharma answered
A Miscellaneous Application can be preferred under the SectionThe same shall be entertained in the Commission reason for urgency must be clearly mentioned and stressmust be made on the fact as to why immediate relief is important

Q: Eligibility of Teacher for Gratuity

My wife worked as a regular teacher in an unaided public school at Delhi from 5 Apr 94 to 31 Mar 2001. She had resigned from service due to family reasons. The school did not give her Gratuity at the time of resignation neither she demanded. Can the same be claimed from the school now? The school is still functioning. The Supreme court had upheld the retrospective amendment and extended gratuity coverage to teachers effective from April 3, 1997.

Advocate Shambhavi Sharma answered
Yes she can most definitely claim Gratuity in the present caseShe can file a claim in the CAT and ask for whatever gratuity is dueA case here is most definitely maintainable and gratuity can most definitely be claimed

Q: I Had Two Punishment For Which Promotion Delayed In Every Rank

I was awarded two punishment in the year 2017 very minor punishment 1 using mobile phone on duty & 2 was found sleeping on duty (slackness). In found sleeping on duty the charge sheet was given after a lapse of 5 months. Whereas the movement order which is done in paramilitary forces shows now punishment so punishment was given after 157 days so in both punishment i was charged 3 days + 3 days pay fine and then due to this my promotion to next rank which i would have got in 2019 i got that promotion in 2023. And now in every rank i am getting promotion with an lapse of 4 years my orginal seniority is not with recruit of 1994 but it has now been officially with recruited guys of 2007 isn't this double jeopardy i completed punishment currency period still my batchmates got promoted in asi in year 2025 whereas i am Still hc i will get promotion in 2029 because of this they will retire as si i will retire as asi this is hampering my service pls help

Advocate Shambhavi Sharma answered
what is happening with use indeed double Jeopardy and you can prefer a petition against because principle of natural justice has been violated Connaught promotion Connaught be with head matter of rule

Q: FIR UNDER BNS 281 AND 106 in accident in car and bike in which both di

If there is no fault of driver of a car and bike rider is on full fault then how the car driver will be punished in the final judgement

Advocate Shambhavi Sharma answered
case can be filed in the motor accident claim Tribunal in which you have to show prove of your injury sustained and loss of earning once that is done then the driver would be asked to compensate you can also initiate the same against

Q: Details of Motor Accident and Injuries for MACT Claim

Actually march 2023 mera car accident hua tha , uss waqt m 20 yrs ka tha and diploma in civil engineering final year m tha (4 and 12 week internship in dda).then mera accident hua. Mujhe serious injury hui like arota Surgery and left thigh bone break(steel plate implant kiya) so m MACT m kya kya claim kar skta hu And documents kya kya lagenge

Advocate Shambhavi Sharma answered
Yes you can claim compensation in MACT Your medical reports, bills and MLCs if any shall suffice Further you need to depict loss of earnings etc and how the accident affected youCompensation case is maintable only then