Agreement

kunhi marakkar (Querist) 08 February 2021 This query is : Resolved
I have an agreement with my sister which is on debt .I am borrowed 8 lakh from her.i need to give back this amount as 6000 EMI. but I couldn't to give this EMI on right time.because ,i am in crisis due to covid19.but sister is pressuring me ,other wise she will approach court.
Can I get relief from court on tha basis of corona Crisis. will court give concession on EMI ?.

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K Rajasekharan (Expert) 09 February 2021
Normally court cannot or may not show much leniency towards a delinquent who does not pay instalments as part of a contract in time.

But because Covid created an unforeseen circumstance which was beyond every one’s control, the court may help you in giving you a breathing space in paying the instalments.

Normally the court may refer the matter to mediation between both of you. Even if mediation fails it is quite possible that the court can intervene and give you some relaxation as it thinks fit even on the merit of the case if your arguments are convincing and reasonable.

P. Venu (Expert) 09 February 2021
The Court cannot enforce payment of EMI. But if your sister approaches the court and the suit is decreed, the she can take steps to enforce the decree by attachment of your property and/or salary.

kavksatyanarayana (Expert) 09 February 2021
Better to solve the issue in an amicable way. If your sister goes to court, the property may be attached.

krishna mohan (Expert) 10 February 2021
You can explain the problem to her to get time being your sister. If both of you agree on time frame, no need to waste time, efforts and money on litigation.

Guest (Expert) 10 February 2021
Kind Attn -- Author -- Kunhi Marakkar-- If you had Not Given any PDC for the installments then there is nothing to worry and Let her file the suit and by appointing an Local Good Advocate for it you would be Defended well and he would take care Even if you had given the PDC Let her serve the Legal Notice and you Clear the Installments One by One basing on the Notice. Dont Worry.

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