Legal Question in Banking Law in India

Case and Lok Adalat

Hi,

I am from Bangalore. I am asked to make a payment of Rs. 50,000 within 4 days towards my personal loan outstanding. I am told that the case was filed under section 138 in November, 2008 and I have not recieved any notice regarding this during that period. I was contacted just today (July 14, 2009) and asked to pay the amount by an advocate who represents ICICI bank. But I had received a notice to attend a Lok Adalat Camp in March, 2009 and I did attend it and appeared before a magistrate and agreed to pay off the remaining amount within my load tenure period, which is Feb of 2010. And I have made payments towards that loan in the following months. Even on the first week of June, I made a payment of Rs.4000. But, right now I am not in a position to make that huge amount (50,000) since I lost my job a year ago and managing with part-time work. Please Help me out in this. Because the person who contacted my tells me that If I dont make a payment within 4 days, I will need to appear before in court in Punjab in 2 days and since I am in Bangalore, I cannot be there in Punjab in 2 days. What Should I be doing regarding this??


Asked on 7/14/09, 6:31 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Case and Lok Adalat

For the same case you could not be made to appear before a Lok Adalat in Bangalore as also in Punjab; there is some confusion / mistake in your information.

Please correct your info first so that we can guide you properly.

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Answered on 7/14/09, 10:14 pm
Pranav Desai PD Legal & Associates

Re: Case and Lok Adalat

Inform the advocate about the order of Lok Adalat.However, before doing the same please check if the notice you received is for the same loan.

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Answered on 7/17/09, 6:48 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Case and Lok Adalat

Unless you get summons you are not supposed to attend any court.You try to contact the bank division to clarify regarding.

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Answered on 7/16/09, 11:01 am
J. Radhakrishnan independent Practice

Re: Case and Lok Adalat

Is your borrowing at Punjab. If the Bank at Punjab lent you the amount and the post dated cheque for EMI or any other cheque you have given to them has bounced and intimated to the Branch at Punjab, the Bank is in order in filing the case at Punjab. Unless you receive summons from the court at Punjab, there is no need for you to appear there. Try to make some payment to the Bank concerned and request them to bear with you some more time. Beyond this we cannot suggest any remedy.

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Answered on 7/14/09, 8:06 am


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