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N.K.Assumi (Advocate)     16 February 2012

Borrowers can demand for natural justice?

A State Bank gave loan to several borrowers with contractual agreement for liquidiation of the loan on monthly  installments. However, the borrowers after depositing few monthly instalments stopped the monthly payment resulting in breach of contaractual agreement. The Bank file Money suit against the borrowers for realization of the outstanding loan against the borrowers in the Court, and the defendants/borrowers made a plea that they were deprived of the  Natural Justice as no Notice was issued to them. Should the Court dismissed the suits on that ground.Should the Bank give notice to the borrowers before asking the remedy in the court even though the time was running out against their interest?



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 4 Replies

deepak panchal (Consultant)     16 February 2012

yes

Advocate Bhartesh goyal (advocate)     16 February 2012

I disagree with the views expressed by Mr Panchal.When borrower knows the fact that he is defaulter in making payments/instalments than why should notice be given to him Rather.borrower should make request to bank for granting some period to make payment.

N.K.Assumi (Advocate)     16 February 2012

Dear Sir. Advocate Bhartesh goyal, I don't know for sure what it means by deepak panchal as yes: but ordinary suit like Money suits under Order 37 of the CPC, when there is a breach of the terms of the Contarct, should the creditor issue recovery notice suit first before knocking the remedy to the court? Consider this, A agrree to sing in B's Hotel and on the date of perfomance of singing, B disappear for other lucaratiuvive perfomance in other hotel, as a result B suffer heavy losses on the date. Should B issue Recovery notice to A,  before knocking the court  for the losses? There are statutory Notices like SARFESI. DRT and NIA, but in ordinary contarctual agreement under the Indian Contract Act, should the court insist on Recall Notice first, failing which will result in dismissal of the money suits by the court? and under what provisions of Law? Is there any Supreme Court or the High Court Judgment on the matters, dismissing such legal proceedings against the borrowers by the court?

Damayanti (Unemployed)     16 February 2012

While Instituting a court case, Bank, who is a victim and the plaintiff, is not duty bound to ensure the Natural Justice etc to borrowers and even to guarrantors

 

 

 

 

 


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