U/S 138
Querist :
Anonymous
(Querist) 17 November 2010
This query is : Resolved
Dear sir,
We have taken a from Kotak Mahindra Bank of Rs. 2 lacs. I have given them 60K till date. They have sended a Court Summon one of Bangalore Court for 138NI act.
My question is can they send summon form other city? Because my office & residence is in Kolkata, and I have taken loan from kotak, kolkata office?
Second thing is in that summon No complinent's name is included or any complient copy is attached. I thindk it's a doubtfull summon. How a court can send this kind of summon? I have not received any cheque bounce notice which is mandatory for cheque bounce case.
So Pls guide me for proper step.
Chandan Das
Kolkata
PALNITKAR V.V.
(Expert) 17 November 2010
I think it is better to attend the court and find out what are the facts. proper guidence can be had after you give details of the case.
adv. rajeev ( rajoo )
(Expert) 17 November 2010
If you know any advocate in Bengaluru it is better to search for the case in court records.
Banks are playing with the loanees by sending false summons as if it is issued by the court.
If you don't know any advocate call me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 November 2010
About more than ten thousand bogus cases had been filed by this bank and 60-70 thousand by others at Bangluru which is being investigated.
Please complain immediately to higher Dt court and HC about your case.
You will to however appear and contest.
RAVI B SHAH
(Expert) 17 November 2010
Follow as per Mr.Shashikumar's advise.
Parthasarathi Loganathan
(Expert) 17 November 2010
Have you tried posting your grievances at the Bank's Head Office noted below:
Registered Office
Kotak Mahindra Bank Ltd,
36-38A, Nariman Bhavan,
227 Nariman Point,
Mumbai - 400 021
24 Hour Customer Care
Toll Free 1800 102 6022
service.bank@kotak.com
I heard they are posting prompt replies to their customer grievances related queries immediately as per Regulatory Norms. Please check up and advise.
Devajyoti Barman
(Expert) 17 November 2010
You have to file a case for quashing in the high court as the court in Bengaluru does not have jurisdiction to try this case. The Bankshall Court at Calcutta is the proper court for this case.
Advocate. Arunagiri
(Expert) 17 November 2010
You have to attend the case.
If you have issued the prior to get the loan, (i.e) at the time of application itself, the bank cannot file a cheque bounce case. Because at the time of issuing the cheque there is no legally enforceable debt.
The banks used to present the cheque at their HQ, instead of the local branch, which issued the loan.
Any how you have to contest the case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 November 2010
There was a room near to MM court at Bagaluru where the staff and advocates colluded to prepare bogus stamps of court and fabricated court summons and NBW warrants.
The Kotak Mahindra was biggest culprit followed by Chola and various other finance companies.
Just imagine seventy thousand bogus NBW for claims above 15000 crores and fake policeman with collusion of the participants had gone and collected money from far off places.
It was just by chance that the Additional Chief Juditial magistrate got suspicious that a particular person appeared in his court for cancelation of NBW for whom he had not issued any such warrant and this factory of bogus NBW was exposed.
It is a myth that HO of kotak is responding, they were all in collusion, this happens here ., and once in a while the scandals are exposed.
Kalmadi , raja ,telgi ,satyam , cricket each of these scandals in thousands of crores. Just facade of enquiry for some time and people forget till new scandals come in.
For the gentalman pl complain to various authorites but you have to appear in the lower court., and first find out from records that any irregularity has happened in your case otherwise no relief possible by going directly to higher court.
