Urgent help needed to settle old personal loan

You must give court case details.

Dear Sir,

So far they have not filed any case and its only once i got call and then they sent e-mail way back in november of 2009.

I have been cheated by mediator who is claiming that he paid to an employee who will clear and give settlement paper, which i think employee & this friend's uncle have cheated me. i really dont know the name of employee.

Incase they book a case and then arrest warrant is issued, since am not staying in India - so is there anyway that i be caught at Airport. incase somehow they found my address then can they meet my relatives.

Pls advice

Thanks for your precious time taken to reply me.

Best Regards,

hello vijay

As far as your query is concerned as u told that you have defaulted a personal loan. If at all the bank want to recover the amount they will file a money recover case which is a civil case and summons will be sent to your address fro appearence in the court this will take some time.if you dont appear in the court and you are represented by a advocate it will be fine, but if no one represents you in the case may after giving reasonable oppurtunity i.e. after 2 to 3 adjournments you will be made exparte and the case will be decreed in favour of the bank. then the bank will file EP petition for the courts decree when this is allowed by the court the court bailiff will come to your house with the bank people and execute the EP decree by attaching your movable property etc.

this all will take time before that its better to settle your loan as u told that u have given money to the mediator talk to him know the situation. as u still have time be patient.

the other senario is if you have given any cheques to the banker they will file a cheque bounce case which is a criminal case and in this there is chance for issuing non bailable warrants

but if you have not issued any cheque there will be no criminal liablity and the baker will ony file money recovery suit in a civil court

if you have any further doubts u can call on 9985016202

i stay in hyderabad and can help you in this regard

still you can not be arrested , find the details of the case and than plan further action.

Hello,

If you had issued blank cheques they would have surely filed a Criminal case against you. And what ever you are saying is incorrect or it must be false summons. As the summons to foreign residents shall be either sent to local courts there or embassay and it shall clearly state the Case no. and from which court it has been issued. And you need to check with local laws about you being arrested, normally the local police shall be intimated of it and thereafter your arrest you shall be extradicted to India, this shall be practical only if your country has an extradicton treaty with India.

And if you have not issued cheques then you need not worry much as your property in India shall be attached and sold. In this case no warrant shall be issued. But in civil cases you shall not get summons and instead a notice shall be sent which shall indetail explain the facts and nature of case. So I doubt it must be a Criminal case attacting offence under Sec.138 of NI Act.

Regards,

Dear all,

Thanks a lot for your kind reply and i appreciate your precious time taken.

Kindly please note that i took personal loan against my Salary certificate, bank statement and education certificate xerox copies and there was NO SECURITY.

Actually I have sent money to a mediator (far friend's uncle) who said he will negotiate with bank and i sent 3.1 lakhs, when i demanded him to send some bank papers for positive proof he is not responding. instead he kept on saying that still i should send 1.95 lakhs to get settlement letter. i doubt he has cheated me.

He said my actual loan was 3.5 lakhs then less around Rs. 40,000 paid emi installments, then Bank added penalty etc., made it to Rs. 10 Lakh. He said he negotiated and paid Rs. 40,000 to recovery officer and now my total settlement i have to pay is Rs. 4,65,000 + 40,000 = Total 5,05,000.

I suspect he is unable to send me 1 paper about this transaction.

He called me today and said to send me atleast 1 lakh as bank has took cheque of 4,65,000 from him and cheque is due to clear on 27th January. he is now pressurising me to send money and warning me incase cheque bounces then he will be booked police case by my IDBI Head office in Mumbai, then he will book case at Mumbai airport so that they will catch me at airport.

i am tensed but also suspect his moves. pls advice if there is some genuine way to check with IDBI head office at Colaba-Mumbai about this settlement saga & make sure its REAL 4,65,000 + 40,000 commission.

I have bank no. but couldnt know more.

Thanks for your kind advice & co-operation.

Best Regards