Ask Justice K Chandru: I have a debt of more than Rs 25 lakh...

My business is at a standstill. I wish to pay back the money at the earliest. Would it be possible to get a stay on these people for a while?
For representational purposes
For representational purposes

CHENNAI: I have been in business for 10 years. Due to several reasons I have a debt of more than Rs 25 lakh. My business is at a standstill. I wish to pay back the money at the earliest. Though I am in touch with the money lenders, it’s a problem for me as they don’t let me work . Would it be possible to get a stay on these people for a while?

— Palani Vale

You can apply for declaring you as an insolvent. In that event, nobody can file a case against you. There is no other way.

A stay was granted by the Madras High Court against the proceedings at the Labour Court. Supposing, the other side against whom the stay was obtained loses interest in the case because of corrupt practices at the High Court and refrain from attending the proceedings at the High Court, will it absolve the High Court from giving a final verdict stating - whether the stay granted was correct or not and dispose of the case?  Is there a timeline? Is it not mandatory on the part of the High Court to pass final orders in the matter?

— S Madhavan

Ask your lawyer to file a petition for dismissing the stay petition. Then the matter will be listed. At that time, either you can ask for dismissal of the stay petition or hear the main case at once.

In the recent Lok Sabha elections, thousands of names of electorates who voted in the 2016 Assembly elections have been removed and they were denied voting. It is alleged that more than 40,000 names, particularly of those belonging to the fisherman communities have been purposely removed in the Kanyakumari constituency as they were expected to vote against the BJP candidate. We learn that actors like Sivakarthikeyan and Srikanth whose names were not found in the voters’ list were allowed to vote on demand. In that case, why were the fishermen denied voting despite them producing Election ID and Aadhaar card? Why this disparity? Can the 40,000 voters demand postponement of the counting of votes until they all are allowed to vote? What is the legal remedy for those genuine voters? Who is responsible for this wilful fraud and what is the punishment for it?

— Tharcius S Fernando

While some people are stating that it was a mass deletion, the ECI has been given a report by the State Election Officer that only 10,000 votes were removed in the last January verification. Since no one objected, the electoral rolls were corrected. It is only the ECI which can decide the issue.

Justice K Chandru is a former judge of the Madras High Court. You can mail him at expertexplains@gmail.com.

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