Advocate Sunil Kumar Bakshi

Questions Answered by Advocate Sunil Kumar Bakshi

Q: Supply Payment recovery from a p ltd firm and he has availed gst input

Can i ibc case be filed in nclt if total amount with interest only crosses 1cr and not the principal amount ? And if not in ibc What is the best way to recover money at the earliest

Advocate Sunil Kumar Bakshi answered
Best way to recover the money is through MSME Samadhaan, specially in the business transactions when the GST invoice is there and other documents like purchase order, Eway bill etc for the support of the same

Q: Section 138 of negotiable instrument act 1881 as ammended sec 420

She was my gf she needed money but I already hv taken loan from banks so I had no money. One day I was doing some paperwork for loan n my bank papers were on the bed she came home when she went I noticed that my one cheque is disappeared becoz I don't do transaction from check ofen so I knew I asked her she denied so I called bank n said if anyone comes just stop the check now she sent me notice that I took loan rs 45000 from her one month ago n I gave her check n just like that act 138 she has only one proof cheque I hv no proof except truth how to prove it . I hv hired a lawyer but I m very worried plz help me.

Advocate Sunil Kumar Bakshi answered
In reply to the legal notice you should state these facts. That since there was no legal debt and liablity so you can escape from conviction by easy way. For prosecution comlainant has to show the liablity legally discharged by u.

Q: How to get refund amount after closure of account books of the flat?

I bought a flat in resale in IRWO project Panchkula and got it duly transferred in year 2010 and even the convince deed has been done on my name in the year 2012. At the time of transfer as per IRWO transfer policies all necessary undertakings were submitted by transferor and transferee including the affidavit signed by the transferor regarding any refund which may be there after closing of account books related to this property shall be paid to the transferee. But now IRWO has send a cheque of refund amounting Rs. 30000 at my address, but cheque is on the name of first allottee/ transferor. When I insisted them to issue the refund cheque on my name, they say it's according to rules, to be returned to the transferor. Who had actually paid the full amount to IRWO initially. So, plz clarify whether, who legally should get the refund cheque now. I have CTC copies of all such undertakings and affidavits deposited at the time of transfer at IRWO office.

Advocate Sunil Kumar Bakshi answered
That you are entitled to get the refund in case the necessary documents have been executed by the allottee in your favour. That RWA officials might be asking the no objection certificate issued in your favour by the allottee. In case of non payment you can approach the Court of Public Utility services.

Q: Section 9 of Hindu Marriage Act

Please send me a complete deatils of section 9 . I want to file a petiton of section 9 against my wife ..whats the benifiet for section 9

Advocate Sunil Kumar Bakshi answered
Section 9 of Hindu Marriage Act relates to restitution of conjugal rights. That in case your wife is residing separately without any sufficient cause you can file petition under Section 9 of the H.M. Act for restitution of conjugal rights.

Q: Reduce monthly maintenance amount after mutual consent divorce

My divorce happened in May 2015, started with contested and ended up with mutual consent. My ex-wife had put all kinds of DV and Dowry cases on me and my parents in 2014, even though we were living separated since 2009. Anyways, the divorce happened in May 2015 and the monthly maintenance was settled for 55k, with an increase of 5k every alternate year, so its 60k now. Unfortunately, I do not have means to support this money, and am already in debt and am not able to pay my EMIs also to bank which I had taken for business loan (to start new work last year) and personal loan (to give her monthly maintenance). Unfortunately the new work hasnt kicked off and Im in grave financial debt. I married again in Dec 2016 and she has been supporting me financially and running the house, but kindly suggest, how can I reduce my monthly maintenance of 60k to atleast half, as the situation is very bad and its not correct to put this financial strain on my wife.

Advocate Sunil Kumar Bakshi answered
That in case facts changed the maintenance amount can be altered. for doing so you have to approach the Court with changed circumstances but with proof what you are alleging. The court will consider the same and you will get the relief.