Regarding money lend to one for intrest
praveena99
(Querist) 01 November 2015
This query is : Resolved
we gave 1o lakhs for one person for 1.5 rupees intrest. now he is not paying intrest and not giving us money and we asked him 2 to 3times to give our money so he is saying give my respect i will give your money where we can buy his respect is it in court what we have to do for that. we petitioned injection order on his land which he gave documents and he wrote promisry note also. how we can give his respect
SAINATH DEVALLA
(Expert) 01 November 2015
Mention the contents of the promissory note,has he given cheques to U?U can file a civil suit.
praveena99
(Querist) 02 November 2015
thank you so much for your reply sir. we are having blank cheques given by him. we already filed injection order on his land. but our fear is whether we can suceed in court or not. we are having two witness signatures also in the promisary note. is there any chance to arrest him.
Sudhir Kumar, Advocate
(Expert) 02 November 2015
you are giving facts on installment basis. Better put all the facts once.
Sudhir Kumar, Advocate
(Expert) 02 November 2015
1.5 rupees rate of interest is per annum, per month , per day or once for all.
praveena99
(Querist) 02 November 2015
it is per month sir. 1.5 rupees for 100 rupees. please tell us whether we can suceed in court or not.
Rajendra K Goyal
(Expert) 02 November 2015
You can file recovery / summary suit on the basis of pronote.
Or you can get the cheque bounsed and file suit u/s 138 NI Act.
Consult your lawyer, show all documents and discuss in detail.
praveena99
(Querist) 02 November 2015
is there any chance to arrest him. he is not a government employee he is priest as well as business man.and please tell whether he can sell the land or he can transfer that land to other persons name while injection order is being filed on that land.
SAINATH DEVALLA
(Expert) 02 November 2015
First get an injunction order (not injection) retraining him from selling the property, and the rest act as per the advice of Adv Goyal.
praveena99
(Querist) 02 November 2015
we already petitioned injunction order and he got notice from the court also. now is there any chance that he can sell it some one or transfer that land to other. is there any way to arrest him.
praveena99
(Querist) 02 November 2015
and if we make cheque bounce case will he gets arrested
Sudhir Kumar, Advocate
(Expert) 03 November 2015
"it is per month sir. 1.5 rupees for 100 rupees."
is it 1.5%, per annum, per month or per day.
praveena99
(Querist) 03 November 2015
per month 1.5rupees. please answer my qustions mentioned above
V R SHROFF
(Expert) 03 November 2015
AS U ALREADY FILED COURT CASE, LET YOUR ADVOCATE GET DECREE FOR RECOVERY OF MONEY WITH INTEREST,
FORGET RESPECT. RECOVER YOUR MONEY AS PER LEGAL PROCEDURE.
ALSO FILE 138 CASE , USING CHEQUE
praveena99
(Querist) 03 November 2015
please answer my above questions sir. is there any way to arrest him. because he tortured us that much
SAINATH DEVALLA
(Expert) 03 November 2015
All UR questions have been answered adequately,follow the suggestion of Adv Shroff.Act fast and make Ur advocate run too to avoid further complications.
K.S.Srinivas
(Expert) 03 November 2015
He can be imprisoned, in case the cheque bouncing case (u/w.138 of N.I.Act) is succeeded.
praveena99
(Querist) 04 November 2015
thank you so much to all. any one please tell about injunction order process. it costed nearly 23000 for petitioning injunction order so will it be done faster and also the first hearing already happened second hearing is in december. how many maximum hearings will be there. because the opponent is saying that legal procedure will be like that only it takes many years and then also if the case is declared in favour of them i will tell that land is only source of living so what they will do.
is there any chance to happen like that. what is the maximum time for case and also our advocate said that as it is not only a pronote but injunction order so it will be maximum completed in 1 year please clarify my doubt
Sudhir Kumar, Advocate
(Expert) 04 November 2015
Arrest ???
First file civil suit. within three years of the default.
Second prove that your contract was not illegal (i.e. you were charging 18% p.a. interest, and it is not against RBI guidelines)
Then win the case.
Then if he still does not pay then instead of attaching his assesses make and application for his arrest.
Such like arrest is not more than 15 days and you will have to deposit his expenses for boarding and lodging in Jail.
praveena99
(Querist) 04 November 2015
ok sir thank you. please tell process of injunction order and how much time it takes in court. as i mentioned 1.5 rupees per month for 100 rupees please tell whether it is not aganist RBI Rules or not
Sudhir Kumar, Advocate
(Expert) 04 November 2015
"please tell process of injunction order"
whether you want injuction or arrest of debtor?
praveena99
(Querist) 05 November 2015
thanks for ur advice.
praveena99
(Querist) 07 November 2015
sir can we file cheque bounce case also as we have already failed injunction order our advocate is saying we cannot file cheque bounce
praveena99
(Querist) 02 December 2015
we filed cheque bounce case aganist him is it neccesary to attach a pro note along with the cheque. pro note wriiten by him. is it compulsory. and also please explain cheque bounce procedure. we filed and the cheque returned one time is it neccesary that cheque should be returned thrice or single time is enough
praveena99
(Querist) 03 December 2015
please reply any of the forum members
