Deposition
Advocate Ravinder
(Querist) 23 March 2013
This query is : Resolved
State Bank of India filed money recovery case against me for Rs. 6.00 lakhs. My father stood as guarantor. Along with plaint it has filed all relevant documents including demand loan application, promissory note, guarantee bond etc. Before filing the case they have given legal notice to me.
In my chief I have stated that the bank has given legal notice, but in the cross by mistake I told that the bank has not given legal notice. Thus, there is a contradictory statement.
My doubt is that whether the statement of chief will prevail or the deposition of my cross will prevail. Will my case be damaged
prabhakar singh
(Expert) 23 March 2013
Such contradiction will alone not lead to decide the entire case.If it is admitted by you or proved by bank that the loan was advanced and the suit has been filed with
in limitation ,then suit would be decreed.
ajay sethi
(Expert) 23 March 2013
in bank cases there is hardly any defence . factum of loan is admitted fact .you have exe cuted promissory note and your father is guarantor of loan settle with bank . may be it will waive of some interest nad you will also save on legal fees .