Advocate Y Asenla Pongen

Questions Answered by Advocate Y Asenla Pongen (25+ answers)

Q: Court asking to produce Superdari vehicle but the vehicle is not avail

i am being asked to produce vehicle in a motor accident case whereas the vehicle is not available. what are my options?

Advocate Y Asenla Pongen answered
Is your vehicle with the police? I am assuming Superdari was asked to file to release the vehicle so it makes sense that you do not have the vehicle with you.But I need to know the scenario in detail to give you the appropriate direction.

Q: Medical negligence and non paying maintenance after interim order

As I mentioned above my husband has refused to maintenance to me. Court has passed interim maintenance 6k in sept,24. After that he stopped coming to court. Now he apples high court for stay order against this order. Although I have already filled execution also but still he went to high court. Hence, I am a patient of glaucoma and brain tumour. He forced me to work and earn myself. He refused to pay maintenance, divorce also. My lawyer also didn’t support me much. He doesn’t give clarity on anything. I am in a trapped. My health didn’t allow me to work bcz I have double vision , glaucoma, brain tumour also. What should I do in this situation. Required genuine help from you all respective authorities.

Advocate Y Asenla Pongen answered
Here are some suggestions:Enforcement of Interim Maintenance Order:- Execution Petition: Since the court granted you interim maintenance of six thousand and your husband has defaulted on payments, you can file an execution petition in the same court. This legal action seeks to enforce the maintenance order. - Court Actions for Non-Compliance: If your husband continues to neglect the court’s order, the court may:- Issue a Warrant: to recover the due amount.- Attach Property: Order the attachment of your husband’s property to recover the maintenance dues.- In cases of willful non-compliance, the court can sentence him to imprisonment for up to one month for each month of default or until the payment is made, whichever is earlier. Responding to the High Court Stay Application:- It’s crucial to contest your husband’s application for a stay on the interim maintenance order in the High Court.Compile all medical records related to your glaucoma, brain tumor, and associated health issues. These documents will substantiate your inability to work and reinforce your claim for maintenance.

Q: Online Imps transaction I made a withdrawal from a betting company

My name is sushank vashist On 28dec 2024I withdraw a amount of 80000 from betting company and by mistakenly due to similarity in account details the amount got transferred to someone else who have same bank and same branch like me only difference in account number of one digit. I have RRN code of that transaction and payment providers details Now I need to contact to any lawyer or urgent basis because the person who got my payment is denying to pay back and block me over all channels

Advocate Y Asenla Pongen answered
The immediate actions would be to contact your Bank - give them the details of what happened and submit a formal written complaint as well, detailing the incident and requesting their assistance in recovering the funds.Since the recipient is refusing to return the funds and has blocked all communication channels, you should file a First Information Report (FIR).Also, If your bank fails to provide adequate assistance, you can escalate the matter by filing a complaint with the Banking Ombudsman under the Reserve Bank of India’s Banking Ombudsman Scheme.Maintain Documentation at all time - Keep records of all communications with your bank, the recipient, and any legal correspondence. This documentation will be crucial in supporting your case during legal proceedings.If nothing above works: A Legal Notice can be send to the recipient and later a civil suit if the recipient continues to withhold the amount.

Q: Loan recovery amount from NRI person

Loan recovery amount from another person for twenty lakhs

Advocate Y Asenla Pongen answered
You can Initiate Legal Proceedings in India:Civil Suit for Recovery:A Summary Suit can be filed if you possess written evidence of the loan, such as a promissory note or loan agreement. This procedure is expedited and limits the defenses available to the defendant.A Regular Civil Suit in case of - absence of such documents, a regular civil suit can be filed for debt recovery.Criminal Proceedings:If there is evidence suggesting fraudulent intent or cheating by the debtor, Criminal Breach of Trust and Cheating can be pursued.All that being said, If an arbitration clause exists in your agreement, initiating arbitration proceedings is advisable.Rest suggestions depend on more details of the case.

Q: ITAT drafting services on per case basis

I am a practicing CA. I am going to start appearing before ITAT. I need a someone who can professionally draft the submissions on per case/assignment/freelancing basis. Fees range may be quoted for reference please.

Advocate Y Asenla Pongen answered
Hi, regarding your need for professional drafting services for your appearances before the Income Tax Appellate Tribunal (ITAT), I am willing to assist you on a per-case or assignment basis.The fees for drafting submissions can vary based on the complexity and specifics of each case. I am open to discussing fee structures that aligns with your expectations and the scope of work involved. I look forward to collaborate with you and provide the professional support you need for your ITAT submissions.