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Shankar (Assistant Company Secretary)     10 October 2016

Restriction or prohibition order

Dear Lawyers,

 

Please guide me.

 

Am a student and availed loan from an individual who is known to my maternal uncle amounting Rs.19 Lacs in the year 2013 promising to pay within 2 months from the date of availing with interest of Rs.50K/month.

 

But unexpectedly I was not able to keep up my word towards repayment and orally convinced him to help me with some more time which he agreed and till date have paid Rs.4.75 Lacs (Interest).

 

There is no written agreed from day one as he was well known to my uncle and all transactions were through bank and one amount (Rs.1 Lac) by cash-in-hand.

 

I was not able to complete my studies as my University made a mistake in immigrations which took a huge toll and it is slowly getting settled were my University has asked me to be patient till it gets resolved. 

 

From year 2015 the lender is giving mental agony to my uncle and whenever my father & I tried to contact he did not respond saying that he lended taking my uncle as guarantor.

 

My intention is to return the principle & interest but as of now am jobless and working as freelancer and meeting both ends.

 

Day-by-day he is pressuring my uncle which is unbearable. The pressure is verbal i.e., everyday morning and evening the lender's wife visits my uncle's residence and abusing him.

 

I am conscious and it is my responsibility to pay back the principle & interest fixed by the lender as he helped me on time which am not dening.

 

But I need time as the situation is very tough and even my father offered him his share from a property of my granfather promising all legal support & protection from our side as the property is not divided and no will is written by my grandfather. 

 

The lender is not accepting it and defaming our family knowing the fact of our financial situation. With that he did not accept a property of ours worth Rs.22 Lacs and when we tried to sell he intentionally influenced the local realtors and reduced the price.

 

Now I need a guidance to restrict him from abusing my uncle verbally.



Learning

 2 Replies

Kumar Doab (FIN)     10 October 2016

Hope you shall take it positively.

You have borrowed and you should pay to close the matter once for all.

The payment alone can end the torment.

 

 

Ms.Usha Kapoor (CEO)     11 October 2016

Two options are open to you. one pay  the loan amount by selling your father' share in your grand father's property and get rid of this lender's headache. Oprtion number 2 is File insolvency petition where court will inquire into your solvency/insolvency status andprepare an inventory of your assets and liabilities and out of your assets discharges your liabilities to the extent  possible and declares you as an  Insolvent or pauper. Once this way your debt is cleared if you are lucky you may landup a job and may be Good days are ahead for you.If you appreciate this answer please click the thank you button on this forum.


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