Legal Question in Business Law in India

I gave 50 lakhs to a builder for interest and in turn he gave the cheques as security. Time for repaying back is over, now the builder is not responding to me. I am living in abroad. cheques belongs to Hyderabad SBI Bank account.

1) Can I get the cheque bounced any where in India and file a case any where in India? or I have to do it only in Hyderabad.

2) Because I am living in abroad, can I give GPA to any body in India to deposit the cheque, issue notice and file a case on behalf of me and fight for the case?

3) what are the choices with the builder to evade my amount ?

4) Apart from the cheques, do I have to show any proof to the court.

Other than taking cheques from him, I don't have any other proofs to show that I gave him the amount.

Please provide the options to recover my amount.


Asked on 5/27/10, 1:51 am

1 Answer from Attorneys

Dear,

1- You can present the cheque for encashment with the bank in which you have an account any where in India. In case if your cheques dishonoured, you can file the case in court whose jurisdiction your bank is situated.

2. Yes you can present the cheque through your GPA holder, provided GPA should be duly executed. The GPA holder can initiate the legal proceedings on your behalf.

3. If the builder does honour the cheque then he has no other choice but to face the legal consequences.

4. Yes you have to satisfy the court that the cheques has been issued under the lawfull liability, this can be asserted and corroborated by documentry evidence but in few cases the conduct of the parties and transactions between them is sufficient to satif the query of the court.

Note: The first and foremost condition to file such case is that the cheque should have been present for encashment within a period of 6 months from the date of issuence of cheque.

For any clarifications you may contact at the below mentioned.

Regards

Jeevesh Mehta

Maven Legal LLP

Ph: 9811617186

[email protected]

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Answered on 5/30/10, 2:36 am


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