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Archana (Officer)     14 June 2012

What would be possible verdict in this case?

Hi  

here is  brief about Case ,

Sanjeev took loan of  30 lakhs from  his father friend for his education (for studying abroad).

A simple Stamp  paper  was signed by him , stating that he will return loan after   6 years  with simple interest of  6% P.A

Sign of  two witnesses were taken , There was no guarantor in all the case .

Now  Sanjeev has lost his job and he is unable to repay  the  total amount .

He has  only  12 lakh in Asseats 

Now  if  his father's friend move to court what will be  possible  verdicts in this  case



Learning

 2 Replies

Anjuru Chandra Sekhar (Advocate )     14 June 2012

His assets will be attached.  If he is to accrue any more assets by inheritance from his father, later those assets will also be attached.  S.60 of CPC allows certain reliefs so that a judgment debtor is not robbed off to the extent of even losing the means of livelihood for sustenance of life.  Barring those reliefs, civil court is empowered to attach whatever is possible under Sun to pay the judgment creditor the loan amount with interest.

Archana (Officer)     14 June 2012

Thanks for reply sir .

can he get jail term for not paying amount  he own ?

As you said 

"If he is to accrue any more assets by inheritance from his father, later those assets will also be attached"

In short 

"if he has 12 lakh  in  asseats   and   35 lakhs to pay in total .those 12 lakhs will be taken  from him " ?

And  lender have to take loss of  rest  23 lakhs ? 

 Or  court can make arrangements  , like if he get job after 2 years  , he will need to pay %age of his income towards  debt until he fully pays debt ? That is can money be recovered from future earnings ?

Secondly can court  direct  parents   to give him his legal share in  their property  , so that he can repay debt ?As  parents are more likely give their property to other son , so that it cant be taken by lender 

 

 

 


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