It’s a great website and I learned lot many things about legal process. I have great respect and gratefulness to all the lawyer communities who is contributing to this forum and giving ray of hope for the person like me.
I paid the friendly loan of 5 lacs to a friend who was running a private limited computer company. I have legal document of the loan that I gave to him where he bound to pay the money. Now I am unable to recover the money since his company went bankrupt. Company do not have any aaset. But my friend use to have a flat.
I filed money recovery suit last year and I about to get the judgement ..most possibly in my favour. My plan was to get the decree and recover the money by bringing the attachment on his flat.
The same flat it was mortgaged to a bank to raise the capital for his company.
But today I come to know that he cleared his mortgage by paying the money in the bank. Then he sold this flat to third party too.
This person now working in MNC in Abu-Dhabi and he is getting the USD salary. That company's registered office in Mumbai too.
Now my question to you all
1. Can I register the criminal complaint aginst such person who purposefully and arrogantly avoiding to pay the money.
2. Can he sale the property which is mortgaged for the same company to raise the capital. I mean I am too is thee creditor of this company. Without my knowledge can he sale? Isn't this illegal and delibrate action?
3. He is earning good salary and financially sound. Still do not have motivation to pay the money ..isn't it breach of trust / promise for which can't he arrested or asked to surrender his passport?
4. Can we bring the attachment on the salary..though he is working in Abu-Dhabi's office. The company is MNC whose HQ is in USA and has offices in India, Abu-Dhabi and many other countries.
Thank you very much in advance for your valuable time.
