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raja (owner)     26 November 2018

Bank debt payment

Dear Sir,

I purchased a property in 2011. After raising funds from a financial institution in 2011,  constructed a temporory shed and letout to third party. Till date EMI is regular.

Due to unavoidable circumstances, my property had been locked u/s 145 of C.P.C on 01.03.018 and the tennat stopped paying rent for past 8 months. Now the possession of the property is with Sub collector. I filed a case at local court to reedem the possesion. Since my rent has been stopped, I m struggling to make repayment to Financial Institution. After explaing to the Recovery agent about the situation, he never bothers about the issue. 

My Query :

1. Can I get excuse for non payment of emi till the disposal of case filed at local court ? If so kindly guide me.

Regards 

Dr. Raja.



Learning

 4 Replies

Shashi Dhara   26 November 2018

As the matter is in court u insist Ur advocate to decide the case urgently .delay caused heavy loss to u.with out verifying documents we cannot guide u properly.
1 Like

Adv Deepak Joshi +917017821512 (Advocate)     26 November 2018

Dear querist,

 

There is no remedy for avoiding or delaying payment of EMI.

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Kumar Doab (FIN)     30 November 2018

If one has borrowed one has to pay.

Lender has preferential charge on property.

For lender; Tenant and Non-payment of rent by tenant is private and personal matter of borrower.

Probably you have not been able to get time/relief by your personal efforts and skills, from lender.

The matter is already in court and if you have engaged a very able counsel he/she might have already opined.

Hope you have the authenticated copies of loan offer/brochure, loan agreement, loan statement,demand notices and petition and know the objections raised by lender.

Kumar Doab (FIN)     30 November 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil/DRT  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; DRT/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.


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