My poor tenant and their costly counsels and courts not asking for proof

[What they said about Adcocates] My poor tenant and their costly counsels and courts not asking for proof

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Blogger	5:40 PM (4 hours ago)
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In 1989  I purchased building now known as Saburi at Vakola Bridge Santacruz East, In 1990  tenant Mrs Bina Chowdhari filed a case claiming tenancy right to terrace, exterior walls ( do not laugh as court gave the injunction in her favour without seeing any proof of claim which of course she does not possess).
The case is on till date and not reached even half the stage.

Our jurisdiction court is is Bandra ( western suburbs of Mumbai). for tenancy cases in Small Causes court. The Head office of this court which is a main court for rent act matters is at Princess street , Dhobi taloa , Marine lines. It is about 20 KM away from Bandra court. Main court being old has many more seasoned advocates, have their offices near by , they also easily practice  high court which is near by, the clients they cater are from posh south Mumbai so the property is precious and much costlier then suburbs.

All this would normally mean that advocates who are practicing in main small causes court are busy and costly. A busy senior professional would visit for one or few client specially suburbs would naturally mean that he is suitable compensated.
I have heard Advocate's like Harish Salvi even demand charter flight. My one family member was sent to Ad Mrunali for family court issue and she charged Rs 20000/- for so called conference of 5 minutes. This member had gone thru a good reference still she was charged that high , not offered any solution, not offered tea. These are present day professional  specially advocates, their charges and their rubab.

Mrs. Bina Chowdhari for over 20 years is represented by Ad Amin Nathani. who mainly practices in Main court. Has his office in South Mumbai. Owns a luxury car driven by chauffeur. Is very successful. Prepares well. Fights aggressively. And in my matter since their is no weight in matter he is able to delay the same successfully instead of trying to take it to logical end or resolve amicably.His client and my tenant Mrs Bina Chowdhri is aged above 80 years and in interim application he has filed for expediting the application on the grounds of senior citizen but does not do so for main suit for obvious reason as case is filed with no sufficient cause and for entangling me in to litigation and for arm-twisting.
Today in CR no 35 Ad Nathani said that his client is poor and old and can not afford to pay the permitted increases in rent if landlord asks for same suddenly. On a rent of Rs 138/- or so per month  ( for commercial premises in a crucial area near BKC and Airport)  the permitted increases would be few rupees. I have not worked out same and not demanded same as she thru her advocate is bound to calculate it differently will find fresh reason to delay the main suit by filing a disagreement with my claim. I have in writing before the court exempted her from paying same. I am not claiming permitted increases which are amount a beggar does not accept  now a days from my other tenants in other building too where rent for a room is Rs 30/- p..m. and permitted increases is 4%. Do u want to collect same after paying huge fees to consultant and then fear of entering in to dispute on calculation?

So as per Shri Nathani ji the Ld. Advocate of my old ailing client is poor and which he can say so before court. However she  can afford such a senior, seasoned, renowned advocate specially driving down to congested western suburbs for her, file application after application and delay the main suit for 23 years.
By the way she has another huge tenanted property of Wadia's under her. She is also tenant of entire bungalow just adjecent to 7 star delux hotel Grand hayatt at Vakola. She had another property which she sold some years back. She has 3 sons ( one of whom is a advocate and another very senior executive in corporate house) and a daughter who also is more then LLM atleast while in court.

Similarly in another matter Ad D C Mehta said my client can not afford to  pay mesne profit at market rate ( rent fixed by court on evicted tenant). However this client travels world over every year, has palatial bungalow in Jaipur and so on and best is can afford senior counsel like Ad D C Mehta who can so easily make believe court what is not true.

should not court ask them to furnish their balance sheets, passport, IT return, details of property and business owned, run , tenanted?? And if really poor then why not advise them to go to legal aid at high court for economically weak??




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Posted By Blogger to What they said about Adcocates at 2/05/2014 04:10:00 AM