sanjay jain

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  • Respected Sir, I have been reading your advise on this lok adalat judgement and writ petition matter. As you said writ petition can be filed on limited grounds such as fraud n misrepresentation. I am currently defending a compromise decree issued by lokadalat in civil court wherein the opposite party has challenged the same based on allegations of fraud and collusion. the opp party is a pvt ltd co. and deal was executed by its auth person via board resolution. now they deny that they have not done any such resolution. The case is going on since 2 years and till date they have not produced a single evidence to that effect and just taking dates from the court to frustrate me. They also didnt deposit the cheque given by me in agreement but had taken other kind of payments of which i have no proof currently. I have enough evidences to show that the person was duly authorised and he has done lot of transactions on behalf of company in past and have also submitted the same in court. the property is in my possession as on date. After reading your article I have moved the application in court to dispose of the same. but one of my lawyer friend advised its a wrong move as high court will not look in to evidences and it may not help you. its better to run case in civil court only and get judegment here. but the opposite party is just doing time pass in civil court and not ready for final hearing. Please advise what should i do? Your valuable advise is much needed.

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