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arvind (Promoter)     19 May 2012

Commercial banks act

hello there.

 

(1) can a nationalise bank manager file a cae u/s 138 n.i. act in personal capacity, for example,

if ABC is the banch manager of MNO bank. if he has to file the case against XYZ (a loanee), then the complaint shall be produced to the court in which of the following manner:

(a) Name of petitioner - ABC s/o ..., Occupation - branch manager at MNO bank, branch ...(city)

                          Vs

      XYZ (loanee)

 

(b) Name of petitioner - MNO Bank, via / through branch manager MNO bank branch ...(city), ABC s/o ...

                          Vs

      XYZ (loanee)

which of the above (a) or (b) are correct format for the complaint ?

 

(2) In reference to the above matter, an affidavit u/s 200, 202 of crpc has been submitted to the court which is not attested and with out any date on affidavit. The court has accepted such affidavit and has taken cognizence. Can the court can take any cognizence on such affidavit ??

 

kindly advice me and suggest me any citation to protest both ways.

 

regards 



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