Advocate Shweta Pandey

Questions Answered by Advocate Shweta Pandey (25+ answers)

Q: I have taken mortgage loan from cooperative bank, bank not disbursed s

I have taken mortgage loan from cooperative bank, to sanction amount bank taken entire property but Disbursed partially, even I paid intrest and EMI, before npa , but bank sealed my running factory and house valued ₹ 13/14 crore against demand of ₹ 2.6 crore, now case is in drt, pune , going on hearing,

Advocate Shweta Pandey answered
You appear to have a strong grievance regarding disproportionate action by the bank. From the facts stated:oMortgage of Entire Property vs Partial DisbursementIf the bank sanctioned a larger loan but actually disbursed only part of it, yet obtained mortgage/security over the entire property, this needs scrutiny. The bank can generally secure repayment, but terms of sanction, disbursement conditions, and documentation are important.Payment of EMI / Interest Before NPAIf you were regularly paying EMIs/interest and the account was wrongly or prematurely classified as NPA, that can be challenged. The bank must follow RBI norms and proper procedure before declaring NPA.Sealing of Running Factory and Residential HouseIf both a running factory and residential property worth ₹13–14 crore were sealed/recovered for a claim of only ₹2.6 crore, you may argue:Action is arbitrary and excessiveSecured asset value is grossly disproportionate to duesBank should have considered less drastic recovery measuresSealing a running unit destroys business and repayment capacityCase Pending Before DRT PuneSince matter is already before Debt Recovery Tribunal, Pune, the correct course is to strongly pursue relief there.Reliefs You Can Seek in DRT:Stay on auction / possession / further coercive actionDe-sealing of factory to restart businessCorrect statement of accountChallenge wrongful NPA classificationRestructuring / One Time Settlement (OTS)Valuation challenge if property undervalued or excessive security enforcedRestoration of possession, if procedure violatedImportant Legal Points:Whether SARFAESI Act notices under Section 13(2) and 13(4) were properly servedWhether symbolic/physical possession followed due processWhether valuation reports are genuine and updatedWhether residential property could have been excluded if factory asset sufficientWhether cooperative bank had proper authority depending on applicable law and dateImmediate Advice:Keep all loan sanction letters, mortgage deeds, account statements, EMI proof, notices.File detailed affidavit before DRT.Press for interim relief for reopening factory.Obtain independent valuation of property.Explore settlement simultaneously.Frank Legal View:If dues are only ₹2.6 crore and secured assets are worth ₹13–14 crore, tribunal may examine whether bank acted harshly, but mortgage enforcement itself is not illegal merely due to higher value security. Success depends on procedure violations and unfair conduct, not only value mismatch.Suggested Court Line:“Bank has taken coercive possession of assets worth many times the alleged dues, including a running industrial unit, thereby destroying the borrower’s source of repayment. Action is excessive, arbitrary and contrary to principles of fair recovery.”

Q: Can I modify my reply and affidavit

My wife went to her parents home for a routine visit but then never returned. She filed 125CrPC against me 2 years ago. I have filed my reply and affidavit of assets. Evidence not done yet. No interim order has been passed yet. Now I feel that I should amend my reply and affidavit of assets and file A "Restitution of Conjugal Rights" application. Is it possible to do this? we both are Hindu.

Advocate Shweta Pandey answered
Hello, Yes you can file an amendment application as well as go for Restitution of Conjugal Right Application in Hon'ble Family Court only if your bonafide intention is to save your marriage.Hope this helps

Q: Husband wants to separate but not initiating legally

I was married in 2018 . After several attempts for reconciliation made by me & our family , my husband was adamant he wanted to move out of this marriage . In Dec 2022 bcz of the circumstance created by him , I had to move out. It started taking a toll on me mentally and physically. My husband wants to get separated from me whereas I never wanted to . It’s been more than 1 year since I moved out, he never contacted me. He wants to separate but not initiating anything legal .What does it mean?

Advocate Shweta Pandey answered
Hello,Hope you are well.If you also wish to get separate legally or divorce you can initiate a divorce case by yourself in Hon’ble Family Court of your jurisdiction.if you want to stay and continue the marriage then you should initiate a application under section 9 for Restitution of conjugal right in the Hon’ble Family Court

Q: I convicted 138 case in Trail court

NI Act 138 case Filing Limitation Perioed Legal notice sending to case file in court. Please help me.

Advocate Shweta Pandey answered
Hello,Hope this helps you.Limitation period for sending legal notice in NI Act is 30 days from the day you received the Acknowledgment from the bank if the cheque is bounced. After which 15 days time is considered for getting a reply. Once the 15 days is over from that day in next 30 days you have to initiate a criminal proceeding against that person.

Q: 498 Case Against My In Laws Ann Husband Drugg Addict How Can

When I was married, my father in law said you both will live separate, and my father in law and my biological mom in law divorced 10 years back, so when our marriage took place new mom in law was there ,so after my marriage after 7 month my hubby elder brother said. Keep our mom with you, I said okay no issue but after sometime she also started cruelty for not having baby , by this my hubby used to beat me ,, and much more for little little things my hubby use to beat me, so. I had filed a case against my in laws and hubby as he is drug addict and he also beat me.. as I have filed a case so I can tell them na ki his real mom was not there at the time of marriage nor he was in contact with her mom( his mom also done two marriage). So how can she can live with us .. so in court can I be forced to. If my hubby says falsely that she used to not take care and all. ( I used to take care but than tooi was beaten,. So he will take his mom side but can I say that when marriage was done u

Advocate Shweta Pandey answered
Hello,You can appoint an advocate in this matter to assist you and guide you and who can present your side of the story in the matter before the Hon'ble Judge. He can also guide you if you do not have any evidence.Hope this might have helped.