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Mazhar (sales)     11 June 2010

Arrest warrants for bank loan defaulters.Airport case

Dear all,

 

One of my close friend has left Hyderabad - India with unpaid bank loan, which he realised at later stage.

 

Due to crisis he lost job and still idle in Dubai. Since then he couldn’t able to re-pay loan whose interest was exorbitant. Bank official sending him mails that he should be produced before court for summons and in any case it’s not possible for him to go back to india to attend case.

 

Does personal loan defaulter cases produced in court and will be issued police warrant for non appearing court?

 

In case court issues a warrant against him. will he be caught by Airport immigration or their city police.

 

Please kindly advice.

 

Regards,

Mohammad



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 2 Replies

Devajyoti Barman (Advocate)     11 June 2010

There is nothing called personal loan defaulter case.

However the Bank can file cases before the court of lae for default of loan on many grounds including for bouncing of cheque. If such type of criminal case is filed then for his non appearance warrant of arrest may be isssued.

Pendency of executuion of warrant does not alway make sure that the accused person will be arrested in the airport onlly unless the immigration authority has got instruction in that regard.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 June 2010

I do agree with Mr. Barman.


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