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Appearing In Court For Notice 138...
02-May-2025 (In Civil Law)
My friend has received this notice in regards late payment or non payment of his loan, he has received this notice from Saket court In Delhi, he lives in Mehsana, Gujarat, how to legally answer this...??
The information shared so far appears to be limited, and in order to offer you meaningful and tailored assistance, we would require some further details. Our office holds extensive experience in addressing matters of this nature with the sensitivity and professionalism they demand.
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Adv. Garima Sharma
Delhi | 25+ Answers
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well you have to appear in court through a advocate. there only the matter will be taken. there would be some legal formalities to be done in court. your non presence would attract and adverse order against you.
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Adv. Anurag Jangra
Delhi | 200+ Answers
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Dear client,
Your friend must first verify whether the notice is a legal summons or merely a demand notice from the lender. If it is a court summons from Saket Court, Delhi, despite his residence in Mehsana, Gujarat, the jurisdiction could be based on the loan agreement terms—many contain a clause selecting the lender’s location as jurisdiction. He should file a response within the given timeline, either appearing himself or through an advocate. If jurisdiction appears improper, he may challenge it under Order 7 Rule 10 CPC for return of the plaint due to lack of territorial jurisdiction and an Immediate legal advice/step is advisable to avoid ex parte proceedings.
You may contact to me for this as I am Delhi based Advocate
best Regards
Adv Adarsh Kumar
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Normally, a case should be filed where the borrower resides or where the agreement was executed. If your friend never agreed to Delhi jurisdiction in the loan agreement, he can challenge the territorial jurisdiction of the Saket Court.
Since your friend lives in Gujarat, he may give a PoA to a lawyer in Delhi to appear on his behalf, saving the need for repeated travel.
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Adv. Akash Kumar
Delhi | 25+ Answers
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Firstly he needs to hire an advocate who would apply for your friend's bail. He will have to come at least once for bail proceedings later on your advocate can apply for his permanent exemption from appearing in court physically and he can join through video conferencing from next time until called by the court specifically. Saket Court has 2 districts south and south east.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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