Meaning of Moson Le Exparts:

Moson Le Exparts is an advocate firm. This name is given by Guruji (Bal Avdhut Maharaj). Every word has its own separate meaning – Moson contains a relationship of mother (Suman Khare) and son (Akshat Khare), Le stands for legal, and Exparts means parts of Moson Le that is we Advocates. All part of Moson Le has also been given adjective as Moson Le’ion.

Aim/Goal of Moson Le Exparts:

To achieve standards of advocacy which has been diminished by passage of time.

Code & Ethics of Moson Le Exparts:

• Moson Le Exparts has four pillars i.e., discipline, sincerity, honesty and loyalty.
• Togetherness, unity, and truth is the strength of the Moson Le Exparts
• To be in self discipline.
• Advocate should evaluate himself/herself.
• Advocates are the first officer of the court to guide the court to render justice.
• Advocates are first answerable to court.
• Keep positive attitude and advocate will never say ‘I don’t know’
• Always have passion and smile.
• Always try to learn everything.
• Always finish one work then skip to another work.
• Every part of Moson Le’ions whether advocate or office staff (back office) or peon, should have feeling of ‘we’ ,‘ we are a team’. All are important in own position, therefore, all will respect every position.
• Always respect your work. And try to enjoy your work.
• Be passionate to your work.
• Avoid emotions, ego, arrogance, and self praise.

Organization of team:

• Everyone is directly connected to Moson Le Exparts.
• Ahmedabad is a head office only for client not for staff
• Everyone has to understand two process Moson Le process ( internal process.) and legal process
• Every one should contactable at anytime
• If any advocate leave location then he/she has to inform either madam or sir. All branch will always give report of cases to concern back office person at Ahmedabad office.
• Every work is handled by front forces (advocate) and back forces
• Every person has been allotted a portfolio of work.
• Front forces have to give accurate report to back forces in time.
• Front forces will take follow up with back forces for any application or every requirement of court as per case
• If there is any requirement of court then back forces will give report to sir/madam first then to the company if require on the same day.
• Back forces will also take follow up with client.
• Back forces will inform front forces (advocate) immediately whatever the reply they get from client
• Advocates will give true and clear report without any bluffing.
• Everyone has to maintain his/her miscellaneous account and have to submit at Ahmedabad office on 1st of every month
• Every advocate will give report of cases on the same day of the matter and also will give all in writing on 1st of every month.
• Everyone has to give his/her output at the end of the day.

Section. 138:

• Sec. 138 is a section of Negotiable Instrument Act for the dishonour of cheque.
• Cheque is a bill of exchange which is payable on demand and which is drawn on a specified banker.
• Cheque consists four important elements i.e., cheque date, person on whom it is drawn, amount of cheque and signature of the drawer.
• As per law cheque is valid up to six months or up to the duration written on cheque. If cheque is given by treasury, it is valid up to three months only.
• If a cheque is drawn by a person, and it got dishonour then it is considered as a criminal crime/offence, as it is criminal breach of trust.
• When cheque bounce bank send a return memo mentioning the date and reason of cheque bounce.
• Sec. 138 of Negotiable Instrument Act is used as a remedy of dishonor of cheque, which describe only offences of instrument i.e., cheque, bill of exchange, promissory note etc.
• In complaint person who file a complaint is called ‘Complainant’ and on whom complaint is filed for the cheque bounce is called ‘Accused’
• Accused can be penalized or convicted for two years or both.

Jurisdiction for filling a complaint:

• jurisdiction to file a complaint for dishonour of cheque is depend on (i) Judicial jurisdiction ( in regard to the power of judge or court for related matter) (ii) territorial jurisdiction.
• Complaint under sec. 138 can be filed at JMFC Court
• As per recent amendment in act and legal pronouncement, the Complaint can be filed at the place where there is jurisdiction of complainant’s banker where the subject cheque was deposited and was returned unpaid.

Procedure of Sec. 138

1. Statutory notice:
   
   • As soon as we received return memo , statutory notice is to be sent within 30 days from cheque bounce date i.e., return memo date., by register post or any other medium which is approved by Supreme Court of India.
   • Complaint can be filed in 30 days after completing 15 days of service of the notice
   • Moson Le’ions files a complaint after completing 40 days of the date of statutory notice.
   • If a statutory notice is not returned then Moson Le’ions will send a letter to the post man of respective post office for the complain of not receiving of acknowledgment of Reg Ad. And that letter will be enclosed in the memo of complaint as an evidence of sending statutory notice file. up to the proper answer.
2. Filling of complaint and verification:
   
   • After serving of notice, if accused neither reply the notice nor pay the cheque amount, then complaint is to be filed in respective Court.
   • Considering the above notice period, complaint is to be filed.
   • After filing the complaint Court will give a verification no. and adjourn the matter on another date.
   • Moson Le’ions are required to try to get verification done on the same day or get the matter adjourn for only one week period for verification.
   • In verification of complaint, complaint is registered after verifying that it is valid complaint or not.
3. Summons:
   
   • After completion of verification, Court issues process to the accused by court.
   • But on giving application, court issued summons by RPAD for Moson Le’ions
   • Advocates will keep record of summon order date, summon issued date, summon served date, summon unserved date.
   • If summons is unserved then other location advocates should inform on the same day about unserved summon, so that another address for service of summon can be received from company.
4. Plea:
   
   • If summon is served and accused appear before the Court then Court will give a memo copy of a complaint to the accused and adjourn the matter on next date for plea
   • In plea Court asks questions to the accused, whether accused has done crime as per complaint.
   • If accused reply in yes, then he may be convicted or penalized as per the discrisonary power of the Judge. But if accused not accept his crime then Judge will record the same and adjourn the matter for next date for further step of evidence.
   • Here also Moson Le’ions have to try to done the plea on the same day accused appear on the service of summon, or try to adjourn the matter not more than one week.
5. Issuance of Bailable Warrant and Non Bailable Warrant:
   
   • If summon is served and even though, accused is not appear before the court then Advocate must give an application for bailable warrant on the same day.
   • Generally one month is given for serving of bailable warrant. If bailable warrant is unserved then see the reason for unserved.
   • Moson Le’ions are required to see the reason of unservice of BW. If the reason is for incorrect or wrong address, then see the address on which summon is served. If it is the same address, then mention about this to the Hon’ble judge and convinced him to issue Non Bailable Warrant.
   • If accused is not appear before the Court after service of Bailable Warrant, then application for non bailable warrant will be given.
   • Moson Le’ions are required here to keep all record of BW and NBW like applied date, order date, issuance date, served or unserved date.
   • After serving of BW and NBW, Court takes plea of the accused.
6. Evidence:
   
   • After completion of plea, location advocate will inform front forces staff at Ahmedabad to prepare evidence for next date.
   • Evidence is submitted on affidavit.
   • After submitting evidence, request the Court to give exhibit no. to the documents or try to done the hearing for exhibit no. on the same day of submission.
   • When evidence are exhibited by court, same exhibit number must be note in our files, as hearing done on these exhibit nos. only.
7. Cross Examination:
   
   • After submission of evidence , next stage is of cross examination done by accused of complainant.
   • After submission of evidence, advocate have to try to not allowed opponent to take the date more than a week and must be adjourn two times only. Take objection if opponent ask date for more than two times and request the Judge to get the penalty from accused for not cross examining.
8. Final statement:
   
   • Final statement should be of accused in which accused is asked whether he wants to tell anything regarding crime. Accused’s statement is to be recorded in the court records.
   • If accused not appear in final statement then give only one date to accused and even though accused not appear then give application to close the stage and try to push the case for further sage of accused evidence.
   • If accused submits evidence then next stage should be of complainant of cross examination of the accused.
   • Then next stage is for final argument.

Arbitration and Conciliation Act:

• law Commission Report has introduced two remedy to reduce the tedious and time consuming process of suit, i.e., (i) Arbitration , Conciliation and Mediation, (ii) Lok Adalat.

• In conciliation two parties willingly come forward to a person (conciliator) and willingly enter into an agreement for settlement of their dispute and signed the same. Conciliator should be a third party who has not any connection with both the parties. Conciliator’s duty is to see legal side and existence of natural justice in the settlement rather to give his opinion. Whatever the settlement done between the parties should be amicable and peaceful. Settlement done under conciliation is enforceable and execution can also be file on conciliation settlement under order 21 rule 11 of CPC.

• Arbitration is an alternate dispute remedy to reduce the tedious and time consuming process of suit.
• Arbitration proceeding can be done by
  1. Arbitration Tribunal:- if there is more than one arbitrator then it is called as arbitration tribunal
  2. Sole arbitrator

In arbitration proceeding a party who wants to approach arbitrator will send a notice or a letter to opponent to appear for the process of arbitration. If opponent after receiving notice appear in court then, his statement be recorded whether he is willingly appearing in arbitration proceeding. Both the parties acceptance are necessary for arbitration proceeding.

• Arbitrator can trial a case himself and also can follow CPC
• Arbitrator is equivalents to Judge.
• Arbitration award is equal to decree.

• If any party be a defaulter in paying his liability or default any term and condition of loan agreement, then that loan agreement /contract would be terminated and a termination notice is to be sent to the other/opponent party/Judgment Debtor.
• Next notice is to be send to the opponent for appointing an arbitrator . it is a statutory notice and necessary to be served.
• Arbitrator will send a notice to opponent to acknowledge the opponent about his appointment as an arbitrator.
• There is a clause in agreement of CitiFinancial Consumer Finance India Ltd., regarding a place of arbitration , that arbitration proceeding will be held at Delhi. But as per Act, there is a provision that opponent party should get a chance to object about the place of arbitration proceeding even after singing the agreement. If opponent does not create any objection in regard to the place then he/she can not object about venue of arbitration proceeding during the whole process of arbitration.
• Arbitrator trial the case and at the end he gives an award, on which execution can be filed , the copy of the award also to be send to the opponent party.

Section 9 of Arbitration and Conciliation Act:-

• Sec.9 is for interim relief.
• Interim relief is required when we terminate our contract and initiate legal/arbitral proceeding then it is necessary to have stay on that property so that opponent cannot transfer or sell or alienate that property.
• Sec.9 can file where the person resides or where the property comes for whom section 9 is to be filed.
• Sec. 9 is called as C.M.A (Civil Miscellaneous Application)
• Court may give interim relief till next date or till final order of the case.
• If interim relief is till next date then it is required to give application to extend interim relief.
• Court or arbitrator can give stay during pendency of the case as they think fit.
• Applicant should inform the opponent through summons about stay on property. After service of the summons, final hearing will be done.
• If opponent give undertaking that he will not transfer or sell or alienate the property then judge considering that undertaking dispose the matter.
• Section 9 can be withdrawn when arbitration award is passed and execution of the award is filed and when opponent party pay the loan amount.
• Location advocate should will inform at Ahmedabad if sec. 9 is continue even after filing the execution.
• Award can be challenged under section 34 within three months gracing one month. If award is challenged within this four months, then execution can not be filed.

Execution:

• Execution means to execute the order of court.
• Execution is governed by CPC Order 21.
• There are two parties in execution (i) Decree Holder, and (ii) Judgment Debtor.
• Execution can be filed on decree and judgment not only on judgment.
• To file execution, decree must have four important elements i.e., decree cost, interest, court fees, who will give to whom?- without these elements decree is defective.
• If the award is for immovable property then execution will be filed under order 21 rule 13.
• If the award or decree is for movable property then execution will be filed under order21 rule 12.
• Execution on Conciliation settlement is foiled under order 21 rule 11.
• After filing the execution, Court will issue summon to judgment debtor under order 21 rule 22. Summon should be served under order 5.
• If execution is filed under rule 11 then after service of summon jungam warrant would be issued under rule 30 for immovable property.
• If property is movable then jungam warrant will be issued under rule 31.
• If decree holder does not get decree amount in serving jungam warrant, then court will issue warrant of attachment for immovable property under order 21 rule 54. and if property is movable then it will be issued under rule 43.
• Advocates have to see that after order of Jungam and Attachment, whether process has been issued and sent to belief by dept.
• Advocate will inform at Ahmedabad office when process is sent to belief.
• Advocates will note all the report of belief of summons, jungam and attachment with exhibit no in office file.
• After attachment of property if judgment debtor neither appear before Court nor pay decree amount then Court may order for sale or propert under rule 66.