• Delay in possession petition and EOW

Current situation: 

Questions:
1)Can we write a complain to EOW wing when there is already a case (its basically injuction in an Ongoing case between Builder and OLD society members) filed by us to safe guard our rights from termination of DA and POW in HIGH Court? If so, what are its pros and cons?
2)Do we need a Lawyer to approach EOW or we ourselfs can do it ? 
3)What will be the proceedings in EOW ? What actually happens ?
 a)After we file a complain will the respondents (including their partner will be called for investigation?)
 b)We all the complainants will have to records our statements etc..
 c)In case builder is found guilty, a FIR would be filed against builder 
 d)Next what ? 
 e)Does it by any chance affect the existing petition heard in court ?
 f) Will it be benificial to us to fight fraud builder ?
 e)will it be advantageous if arbitration is invoked and proceedings move to arbitrator.

4)In case we wish to have complain drafted by a lawayer what would be the nominal charge (irrespective of number of purchasers) and upto what extent lawyers involvement in EOW is really needed ?
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

I should answer your query in nutshell and this will probably cover the points as asked by you:

EOW is basically a unit of crime branch that deals with the economic offences in short it is a specialized wing. Therefore, the procedure will be sameas that of filing FIR and as such there is no need of a lawyer to file a case before EOW, it is however suggested that each of the complainant files a complaint and that a complaint is not filed in group.

Yes it will be benificial for you to fight against the builder and this FIR will not materially effect your pending cases.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) you can file complaint to EOW against the builder .

2) you dont need a lawyer to approach EOW

3) police would issue notice to builder for investigations

4) his statement would be recorded

5) statement of complainant would be recorded

6) FIR would be filed

7) EOW would file charge sheet on completion of investigations

8) it would not affect your on going petition in HC

9) it is beneficial to fight fraud builder

10) arbitration would result in faster resolution of disputes

11) you can contact any lawyer on this website . fees of lawyers are mentioned in the website

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 on 5.0

1)Can we write a complain to EOW wing when there is already a case (its basically injuction in an Ongoing case between Builder and OLD society members) filed by us to safe guard our rights from termination of DA and POW in HIGH Court? If so, what are its pros and cons?

injunction suit never put any bar to avail other remedy available. hence you can file a complaint before the EOW cell, eow is dedicated to investigate economic offences. if injunction order has been passed, it also does not bar to get other remedy because it is an interlocutor order and passed by the court to save suit property.

2)Do we need a Lawyer to approach EOW or we ourselfs can do it ?

not necessary, you should mention in complaint all the facts of the case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can file a complaint in district crime branch about crime of fraud done by builder.

You can take the assistance of a lawyer if you feel you cannot draft the complaint properly.

The police after receiving the complaint would summon the accused for inquiry and investigations.

The statements of complaints will be recorded.

After registering FIR, the accused may be arrested.

If there is a case related to this is already pending in court then the police may not show any interest to prosecute the accused.

Invoking arbitration after filing a case in court may not be advisable.

The lawyer fee can be enquired locally

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You may get in touch with some local advocate on this portal.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The lawyer appointed by couirt may not be having proper knowledge of the subject or may be he is overburdened that he is unable to act promptly in the subject matter.

If you are affected by this, you may make a representation before the court on this and seek for appointing an efficient lawyer replacing this lawyer for effective and prompt result.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You are at liberty to change your lawyer

Number of lawyers on this website from Mumbai contact any of them

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 on 5.0

It is a good and novel idea to file an affidavit along with an IA praying for garnishee order.

However have you ascertained whether the same would be maintainable or not, because in the given situation as per your statement his son and wife were directors however they both have resigned recently and the new directors are appointed. Hence will it be feasible for a garnishee attachment, moreover in the main case there is an official receiver as well.

If you still want to go ahead, then you may change the lawyer and proceed.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You should act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 on 5.0

I would advise you to abide by the advise of your lawyer.

He knows well what he is doing and he is right when he says that the is no point in diverging the court from the main issue.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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