Shyam Ji Srivastava
13 March 2009 at 21:55
Dear Members,
A nationalised Bank entered into a agreement with private body for security guards. remuneration of unarmed guards was fixed Rs. 3775/ per month per guards and Rs.7134/ was fixed for armed guards. the person who has signed the agreement manupulated and received payment Rs. 7134/- for unarmed guards from four branches up to 4 months. the bank stopped the payment and also denyed to operate the accounts of the person who has signed agreement. He has filed Civil Suit for Injunction against bank.
whether bank can claim refund of excess payment through counter claim or through fresh suit. suggest immediately
advocate satya
13 March 2009 at 13:32
hi
i want to know if time limit to file a suit is there also there is provision of condonation of delay, if the civil suit for recovery of money is filed after limitation period and condonation of delay is accepted by the court what is the remedy i mean if bank file case after limitation period and the court condone the delay what the customer will do in any matter of loan or credit cards e.t.c
advocate satya
13 March 2009 at 13:20
hi
someone in this forum had said in a time barred case of cheque bounce if a legal notice is issued and if the debtor gives reply the limitation extends,any law applicable to this or any citation ?
imthiyaz
12 March 2009 at 23:32
Dear All,
In our muslim family partition suit which is decree back in 1970, with 11 decree holders,
And the suit is pending in Final decree proceedings now and is adjourned for next month,
After the preliminary decree, some of the defendants have sold the decree schedule properties with out the knowledge of plaintiffs, some of the non bonafide purchasers are somehow made as parties in the pending final decree proceedings, now some of the plaintiffs LR’s and defendants have done some out of court compromise of one of the decree schedule properties and has come to court with a joint memo to remove that particular survey number from decree as compromise has been done, for which one of LR of one of the plaintiff has objected in the court thru objections memo, that she is not interested in going for such a compromise which is not fair,
But the court is forcing us to go for compromise by saying u alone objecting for compromise remaining all LR’s of defendants and plaintiff have agreed,
Does law permits the judge to remove one of the suvey number of decree schedule properties from decree, as the compromise has been done even though there is an objection from one of the decree holder plaintiff Legal heir.
Or court cannot give go ahead for compromise until a there is a objection from even a single LR of decree holder.
Member (Account Deleted)
12 March 2009 at 10:14
In my opinion to recover the credit card debt a bank have to file civil suit for recovery.
My question is if the card defaulter have not paid anything since last 4 yr can bank institute suit now?
what is the limitation period in this regard? Any decided case reference?
Prachi
12 March 2009 at 05:45
hi all
can a lawyer in employment send a legal notice to a defaulter on behalf of the employer?
Or does a practicing lawyer needs to be hired to send a legal notice on behalf of the employer?
Member (Account Deleted)
11 March 2009 at 15:00
I have filed a consumer case in person. Date fixed after admission hearing was for “appearance and S/R”. On this date I have showed the forum the A/D card as proof of sending notice and copy of complaint to the opposite party and opposite party on the same day appeared and submitted their reply. One copy of such reply was also given to me. Next date is for filing “Affidavit in chief” the presiding officer of the court told me that I have to submit my objection against the reply submitted by the opposite party if any.
Please guide me about what I have to do exactly on the next date?
What is Affidavit in chief?
What should be the format of my objection against the reply submitted by the opposite party?
Ramasubbu
11 March 2009 at 00:38
I have credit card unsettled amount of around Rs.50,000.The credit card was issued in 1998.The last payment I made was on May 2000.I left the country in 2001.After that there was no communication between me & the credit card bank.In 2004 the bank contacted my father and threatened him that I will be arrested when I come back to India.I am out of country now.
If I come back to India, will I be arrested for non-payment?
Thanks
Ramasubbu
Ramasubbu
10 March 2009 at 21:31
The credit card company filed pre-litigation suit in Lok Adalat for pending balance.
As I am in different country now,What will happen If I don't attend the court date?
Thanks
Ram
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Recovery/Counter claims
Dear Members,
A nationalised Bank entered into a agreement with private body for security guards. remuneration of unarmed guards was fixed Rs. 3775/ per month per guards and Rs.7134/ was fixed for armed guards. the person who has signed the agreement manupulated and received payment Rs. 7134/- for unarmed guards from four branches up to 4 months. the bank stopped the payment and also denyed to operate the accounts of the person who has signed agreement. He has filed Civil Suit for Injunction against bank.
whether bank can claim refund of excess payment through counter claim or through fresh suit. suggest immediately