Summary suit
PRADEEP M KUNDER
(Querist) 20 February 2016
This query is : Resolved
1. I have received notice of summary suit in 2008 from bank.
2. I have filed My advocate’s vakalatnama within 10 days of receipt of notice.
3. Now in Feb 2016, I have got summons of judgement. The delay of almost 7 years.
4. The amount recoverable is shown in one vehicle account and one OD account.
5. The amount recoverable in one vehicle account( No1) is purely interest amount because bank already recovered principal amount and interest up to the date of NPA. Now they are demanding interest amount only from the date of NPA to suit date.(details not available in SJ)
6. Bank has mislead the court by not disclosed another vehicle account(No 2) is closed and earned interest at almost 16% than the contracted rate of apprx 12.50%. The excess amount collected is not trfd to No1 vehicle account.
7. There are many other points in my defense since I was no longer the partner because partnership was dissolved and Vehicle No 3 was transferred to my individual loan and then bank officials signed dissolution document as witness.
MY QUESTION FIRST IS WHETHER SERVING SUMMONS OF JUDGEMENT AFTER 7 YEARS IS VALID AND WHY LIMITATION ACT SHOULD NOT BE APPLIED.
2ND BANK HAS DISCLOSED ONLY THE FACT AND FIGURES WHICH IS BENEFICIAL TO IT, THE OTHER FACTORS LIKE CHARGING OF PENAL INTEREST, EXORBITANT CHARGES OF REPOSSESSION AND PARKING, NOT DISCLOSED. AND ALSO OTHER FACTORS SUCH AS DISSOLUTION OF PARTNERSHIP IS NOT DISCLOSED TO THE COURT IN SUMMARY OF JUDGEMENT.
kindly advice
KamalNayanSaxena
(Expert) 21 February 2016
You may apply within 10 days from the service of SJ for leave to defend the suit disclosing such facts as may may be deemed sufficient to entitle you to defend.
PRADEEP M KUNDER
(Querist) 21 February 2016
In my case I have received summon for judgement from opponent lawyer with hearing date of court. In such cases whether I have to appear on the said date with reply for leave to defend through my lawyer. The date is correct because I have checked the court website. I think I should submit the reply to court at specified hearing date. Query is whether my line of thinking is right and also I need to know whether SJ is time barred.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 February 2016
Summery suit procedure is short and many steps are removed.
Firstly as advised above you have to apply for defending it within ten days with specific defense.
Your question shows contradictory defense so whatever is admitted by you will be decreed immediately or no leave to defend will be granted.
Unless you dispute the whole liability either on facts or procedure and not conditionally otherwise even if the judge is lenient you will have to furnish security or deposit part amount.
So take care and prepare proper grounds of defense to object for whole liability.
Rajendra K Goyal
(Expert) 21 February 2016
Well advised by the expert DEFENSE ADVOCATE.-firmaction@g, agree to it.
Dr J C Vashista
(Expert) 25 February 2016
You have adequatly been advised by experts, nothing more to add. Proceed within limiatation after filing your application with affidavit for grant of leave to defense disclosing your defense.
However, rest of the queriies and issues may be left to be guided by your lawyer.
