Sumit kumar

Delhi

Quick Summary

No. of ADR Cases:
0-5
Education:
llb and cs
Services Offered:
Mediation Trainer, Mediation Consultant, Arbitrator, Lawyer, Ombudsman
Languages:
Hindi, English

Neutral Description

I. CIVIL SUITS ARISING OUT OF AGREEMENTS: We contest suits for recovery of monies, performance of contractual obligations, injunctions, possession, eviction, declaration etc. and also defend the parties against any such false and frivolous cases. While recovery of money paid through cheque have an altogether different procedure laid down under civil and criminal law which is being dealt below separately. The other suits are much dependent on the terms of the agreement, relationship of the parties, breach of any of the terms of the agreement and so on. II. DISHONOUR OF CHEQUE AND ITS RECOVERY: a. We often transact through cheque either as the drawer or as payee of the cheque. Though, cheques are drawn to ease the transaction, however in case of dishonour, serious consequences can be faced. The cheques are dishonoured for “insufficient fund” or direction to “stop payment” etc. and such dishonour is subject to civil as well as criminal prosecution. Under criminal prosecution, the offence is punishable with imprisonment for a term which may extend to 2 years or with fine which may extend to twice the amount of cheque. Under a civil suit for recovery, the Court can award the cheque amount alongwith interest and cost of litigation. The moment a cheque is issued, it is presumed under law that the cheque has been issued to discharge a legally enforceable debt or other liability unless contrary is proved. The drawer of the cheque cannot take the defence that he had no knowledge that the cheque would get dishonoured. The law accords an opportunity to the drawer of the cheque to prove that the dishonoured cheque was not issued in discharge of legally enforceable debt or other liability. On the other hand, if the drawer of the cheque admits the liability to pay the dishonoured cheque, the offence can be compounded (compromised) with the consent of the payee and permission of the Court. b. The Negotiable Instrument Act, 1881, contains provisions for criminal prosecution. After the dishonour of cheque, there is a requirement under the Act to give legal notice to the drawer of the cheque within 30 days of receipt of information from the Bank regarding the return of the cheque. In case of failure to make payment of the cheque amount within 15 days from the receipt of legal notice, the payee has a right under law to institute a criminal complaint within one month from the expiry of the notice period of 15 days. As per recent Supreme Court decision, the Payee of the cheque can institute a criminal complaint under the Act only in the jurisdiction of the Court where the cheque has been drawn. c. In case the payee of cheque is forgetful or neglects to send legal notice within 30 days of receipt of information from the Bank regarding the return of the cheque, the payee still has remedy under law to recover the cheque amount by filing a civil suit for recovery. The civil suit for recovery is dealt in an expeditious manner under a summary procedure. Unlike criminal proceedings, the civil suit attracts court fees to be paid ad valorem (certain proportion of the recovery amount) on the cheque amount and is filed at the place where the drawer of the cheque resides or carries on business or where the cause of action arose i.e. where the cheque was transacted. This suit is to be filed within three years from the date of dishonour. d. The drawer of the cheque should be cautious in issuing post dated cheques to deter its misutilization by payees with whom the relationship or transaction get strained in future. The payee on the other hand should verify the antecedents of the drawer before accepting the cheque as in case of dishonour the recovery procedure calls for unnecessary interference of the Court resulting in loss of time and harassment. III. CONSUMER CASES: We represent parties before the Consumer Courts and specifically protect companies and associations from false and frivolous cases filed by the Consumers in order to extort money from genuine business entities. We have represented companies dealing with manufactured goods, where the law of warranty assures the consumers of the goods having certain shelf life and if there is any fault during that warranty period, the manufacturer undertakes to remove that defect. However, warranty does not ensure faults caused due to consumers own neglect or not following the terms of the warranty. There are number of cases where the consumers file cases beyond the period of limitation provided under the Consumer Protection Act, 1986 or after the expiry of warranty. Further, there are cases of deficiency in services, where the consumers under the garb of consumer complaint claim exorbitant amount of money on account of harassment without there being any cause of action. Having represented the consumers as well as manufacturers and service providers, we are able to weed out frivolous cases from the genuine ones and in cases of genuine grievances, we help our clients to arrive at a mutual understanding which does not impinge upon the reputation of the company. IV. LABOUR AND EMPLOYMENT: a. On matters of private employment, we represent the aggrieved before the Labour Officers who are competent authorities under the Industrial Disputes Act, 1947, Delhi Shops and Establishment Act, 1954, The Factories Act, 1948, The Child Labour (Prohibition and Regulation) Act, 1986, The Equal Remuneration Act, 1976, Enactments concerning Social Security, Labour Welfare and Wages of the employee and any other Government Orders, Notifications etc. issued by the Ministry of Labour and Employment. These Labour officers try to resolve the dispute by conciliation and in case the employee and employer Management do not arrive at conciliation then the Labour Officers are competent to refer the matter to the District Court set up specially to deal with labour related laws. Apart from disputes before the Labour Officers and Labour Courts, we institute claims for recovery of money and damages before the District Courts and High Court on behalf of the employees when the dispute is purely contractual or under allied laws and not covered under any of the labour laws. b. We look after disputes arising out of public and private employment. All disputes and complaints pertaining to recruitment and conditions of service of a person appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority are dealt in accordance with Administrative Tribunals Act, 1985 and Rules. c. The issues such as remuneration (including allowance), pension and other retirement benefits, tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation, leave of any kind, disciplinary matters and any other matter whatsoever related to public employment are covered under Administrative Tribunals Act, 1985. We represent the aggrieved by filing the Original Application before the Administrative Tribunal and base our claims/complaints on the rights arising from the Administrative Tribunals Act, 1985, the Recruitment Rules, Government Orders, Government Notifications etc. issued by recruiting agency and the Department of Personnel and Training. In cases where we are of the view that the dispute can be resolved only by invoking the writ jurisdiction, we even approach the Hon’ble High Court for appropriate relief. V. FAMILY DISPUTES: Family disputes range from partition between family members to the ones more centred between husband and wife. We work out family settlements, partition suits, working out Will and Gift. Between husband and wife, we file divorce petition, maintenance petition, cases of domestic violence and so on. While the law of succession, marriage, guardianship, adoption and maintenance amongst Hindus (Sikhs, Jains & Buddhists) are specifically dealt with various enactments for Hindus, the other religion such as Muslims, Christians, Parsi and Jews are governed by their own personal laws. VI. CRIMINAL PROSECUTION: This includes first getting the accused out on bail and then preparing the entire trial in detail as in criminal trial unlike civil, the liberty of an individual is at stake. Criminal prosecution also involves dealing with the Public Prosecutors and the Investigating Officer i.e the Police. While there is a rise in white collar crimes, there are also malicious prosecution by rival corporate houses in order to malign the image or to pressurise the party through Police into unwarranted demands. We advice our clients on whole lot of options available to counter such situation and simultaneously avail the remedy under law for such malicious prosecution. VII RECOVERY AND COLLECTION • A guaranteed success of debt collection & credit management • No inhouse fixed admin wage costs • Generate & ease cash flow, cut down your bank overdraft financing costs • Have peace of mind that your debtors are in control • Focus on your core operations and see your business grow • Take advantage of our flexible working hours • We optimise & boast profitability. We are an investment not a sunk cost • Adequate reporting and follow-up of client complaints • Assessment of client credit worthiness • Option to use our agency name as an intermediary to press for collection ennssee • Use of expert advice and expert debt collection approach for a right the first time approach to collecting debts • Close interaction of our trained staff as part of your team • A smooth & continuous service throughout. Engaging your own staff may mean that you are left at a standstill upon their resignation. Our service avoids recruitment time, fixed wage costs and training time and costs • Continuous onsite presence & communication with client • Reporting of defaulting debtors to our credit monitoring alliance Credit Info • Ability to provide further add on finance & legal services • Option to enlist & consent to triangularisation offsets of client debts • Sending client statements on time and keeping track & trail of customer correspondence, telephone calls & meetings. The area of work as drawn out above and other wide range of legal issues arising day to day keeps us engaged with a sole motive to stay ahead by achieving best results for our clients. An emerging league of lawyers updated with trending mechanisms to resolve conflicts arising out of legal relationships including recovery and collection. We have companies, associations, trusts and individuals to advise on resolving disputes arising out of commercial transactions and other contractual obligations, family disputes, alternate dispute resolution, labour and employment, consumer matters, accident claims etc. We comfortably handle cases, civil and criminal, before the High Court, District Courts and Tribunals. We have our associates in the High Court of other States as well. We provide opinions on contractual terms and conditions in conformity with the existing laws and judicial pronouncements. Our aim is to balance the proposed growth of our clients within the existing legal framework of our country. The belief to strategise before taking recourse available under law leaves little scope to falter. We work with this belief and advise our clients in a way that the complexities of law are understood effortlessly for the clients to follow. As a league of lawyers, we take unto ourselves the social responsibility to create legal awareness so as to minimise the friction amongst the legal relationships. Apart from representing our clients before the Court, we have professionals to conduct due diligence, obtain licenses and statutory permissions from Government authorities.

Neutral Expertise

  • Banking
  • Corporate Dispute Resolution Training
  • Domestic Relations
  • Family Law
  • Government and Regulatory
  • Insurance
  • Personal Injury and Product Liability

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