sanjeev (12) 22 October 2014

Civil imprisonment means what

I gave 3,00,000 to one of my friend and he is not returning it. With the help of a local lawyer I sent him a legal notice to pay the amount within 15 days. But even after that he has never replied to that notice also. Now my lawyer said we can file suit against him. My doubt his that if we win the case and even after that if he say he dont have any source to pay the amount can we send him to civil imprisonment and if we send how much money I have to pay to court for sending him to jail. More over eventhough he dont have any property in his name his father has 1 ground land. Can we demand court to get that land for the amount which his son has got from me

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3 Replies

Hardeep (Business) 22 October 2014

1) it is not for you but the court to decide punishment. No money need to be paid to court for that , except court / lawyer fees. 2) recovery can not be made in the fashion you ask.

karthikeyan (business) 23 October 2014

i borrowed a loan from a financial institution on 2009 about Rs.2,50,000/- at that time they asked me to sign me an agreement that repayment was 36 months and i paid for only 1 month and after 36 months they took my vehicle and sold it for rs. 1,30,000/- without my knowledge and also they went to arbitration (on feb 2012) for liquidated damages so and so total amount of rs. 4,50,000 and obtained the arbitration award on feb 2013. then after an year later they filed an Ep for arrest and ordered.

now my doubt is i received a telegram while they took the possession on feb 2012. in that telegram it clearly stated about the remaining amount due to them. then they sold my vehicle for rs. 1,30,000/- so i had to pay only rs. 1,20,000/- actually. but now they are demanding for rs. 6,72,000/- or else arrest. what i have to do at this moment.

the thing is i had found the telegram after the arrest was issued but that telegram only has the detail about the balance due i have to pay to them.

please advice me as soon as possible.