what to do
qumarsanjeev
(Querist) 04 August 2008
This query is : Resolved
I've a client whose friend took personal loan fron SBI and my client is guaranter after paying some installment he stopped paying installment b'cause my client is guaranter let me clear he is Tisco employee and his salary goes to SBI bank .As i mentioned earlier he is guarante that's why his salary has been blocked by SBI for 2-3 years please suggest me what to do .Is it legal blocking his all salary by SBI.
ANAND SUMAN
(Expert) 04 August 2008
Dear Sanjeev,
if your client was the guarantor for his friend and his friend stoped payments to SBI, then under law, SBI has options to recover its amount either or from both of the persons. in such case if SBI stopped your client's payment then nothing is illegal. However your client has option to request the bank for any clear terms which must be acceptable to the bank. your client can also give post dated cheque to bank if the same is accepted by the bank.
All depends upon bank and the bank always sees how much serious the issue is. Tell your client to meet the bank authorities and take their confidence and settle the issue on any favourable terms.
for any further query, feel free to contact.
ANAND SUMAN
Advocate & Legal Consultant
Mob. 9958330546 (Delhi)
E-mail: anandlegalsolution@gmail.com
advocateanandsuman@hotmail.com
GOPI KRISHNA
(Expert) 04 August 2008
if the SBI has blocked salary without intimtion or with out initiating legal recourse then the blocking the salary is illegal and Bank has no right to Block the salary without proper order from the court.
you may find out from your client whether Bank has initiated legal proceedings (suit for recovery of money)against the your clients friend before the court of law, if so what is the position
puneet
(Expert) 04 August 2008
i think mr.gopi is right bank cannot do this illegal act
Srinivas.B.S.S.T
(Expert) 04 August 2008
First let me tell you that the details furnished by your are not complete so as to give any sugesstion. If the bank after filing a civil suit is receovering amounts from your client then there is no other option but to proceed against your client's friend for recovery of amounts deducted by the bank. If the bank without issuance of any notice or legal action is blocking the account of your client, then you can knock the doors of consumer forum as the same amounts to deficiency of service.
anantha krishna n.v. Advocate
(Expert) 06 August 2008
I agree with Anand Suman. There is no dispute about your friend standing guarantee to a loan from SBI. As long as the recovery is effected by the very same branch of the Bank, your friend has little to do. The Banker is empowered by statute to have GENERAL LIEN. So any amount lying in its hands under a Debtor-creditor relationship can be appropriated to another account with similar relatinship. You may agitate for a notice but that does not take away the right of the banker to deduct.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
