Legal Question in Criminal Law in India

can court pass ex-party order

can court pass ex-party order, if i have not received any notice due to my change of address.credit card not issued to me, but it was used by someone else, comapny is asking dues. they have filed case and for that notice was not received by me due to change of address. I have made an credit card application in 2004, but was not issued to me, in 2009 i am getting call from credt card company's lawyer for repayment of credi card dues, which i have never recd. nor used by me. please advice


Asked on 6/05/09, 2:01 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: can court pass ex-party order

Yes, in such situation we suggest you to appear before the court and bring all the facts before the notice of the court. Further, this will also help you to file a complaint against the bank for deficiency of service before the consumer forum.

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Answered on 6/05/09, 7:10 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: can court pass ex-party order

You may contest the case in accordance with law. You may also consider approaching the consumer courts after seeking advice from a local counsel.

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Answered on 6/05/09, 9:05 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: can court pass ex-party order

yes, the court can pass the exparte decree, however i would suggest you to write to RBI Ombudsman , a complaint narrating all the facts . a complaint should also be made to police and of course to the said bank. misuse of the credit card ia serious matter and you must bring into notice the facts to the bank and the RBI. you should also appear before the court and file your reply.

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Answered on 6/05/09, 12:20 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: can court pass ex-party order

Court can pass ex-parte orders on the basis of material available before it.

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Answered on 6/05/09, 2:08 am


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