Agerement of financial agreement with bank

Querist : Anonymous (Querist) 02 November 2010 This query is : Resolved
I had entered into a financial arrangement with a multinational bank as generally the practice is I signed it in good faith expecting a copy from the bank once it was counter signed by the bank and also issued blank cheques as part of the agreement.

Now because of dispute they have banked one of the blank cheques, I requested a copy of the agreement from the bank under indtructions of the Ld. Magistrate and I find that few pages are missing from the agreement does this point/ fact has any legal advantage.

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R.Ramachandran (Expert) 02 November 2010
Just because some pages are missing from the copy of the agreement made available to you does not in itself would create any advantage / disadvantage to any party.

s.subramanian (Expert) 02 November 2010
Yes. It certainly is an important point in your favour. You can take a stand that the agreement has been tampered with and is a suspicious document. The court can draw an adverse inference under Sec.114 of the Indian Evidence Act on this ground. Please lay more stress on this point.

pawan sharma (Expert) 02 November 2010
this is in your favour bcz the court shall presume under s.114 (g),that the bank knowing temperd the agreement.

Kirti Kar Tripathi (Expert) 02 November 2010
I agree with Mr. Subramanian. The action on the part of Bank is suspicious, you bring this fact in writing and also in the knowledge of the Bank and Court. you will certainly get advantage of the same.

Querist : Anonymous (Querist) 03 November 2010
Thank you Ramchandran Sir, Subramanian Sir, Sharmaji and Tipathiji.

On observing the discrepancy on my request the Honble. Court has already taken custody of the original copy of the agreement, but I have not informed the court or the complainant about the discrepancy and intend to take it up during the next hearing.

The agreement is flawed on two counts one the amount mentioned in the agreement is more than that it was negotiated (stamping is under valued) and two as mentioned above two pages are missing.

Thank you again

Agerement of financial agreement with bank

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