Recovery case
ravi
(Querist) 13 January 2014
This query is : Resolved
In Aug 2007 my wife had taken education loan in which I was co borrower and my father was guarantor. I regularly paid loan interest from joint account with my wife. After completing education in 2009 she paid 4 installment and then She stopped paying installment .After few month bank declared NPA and filed civil suit for recovery against my wife (applicant),against me (co borrower) and my father (guarantor). Bank also put case under sec 138 against me as I had given security cheque from my individual account.
Due to this I repaid the loan amount from my saving account on 18/1/2010 and got NOC in my name from bank and filed divorce case which is decided in my favour on the ground of cruelty on 8/may/2013..
Now I want to know that
1. Whether I file recovery case against my five now
2. What is time limitation for this case as I repaid whole amount on 18 jan 2011.
3. Can I file this case from my father side as he was guarantor but amount paid by me
4. My advocate advise me to put civil defamation case from father side instead of recovery case.
5. Any other relief suggested
ajay sethi
(Expert) 13 January 2014
yes you can file till 17th january 2014 . dont delay .dont file defamation case .
ajay sethi
(Expert) 13 January 2014
period of limitation would be 3 years . file suit immediately .dont file defamation suit
Rajendra K Goyal
(Expert) 13 January 2014
If the guarantor pays the amount he enters in the shoes of lender. Here you are the co borrower and not the guarantor and it was also your prime liability to pay the loan.
You have to prove that paying of loan was liability of your wife.
Agree, that the limitation to file case is upto 17.01.2014.
Devajyoti Barman
(Expert) 13 January 2014
1. Yes
2.3 years unless her written acknowledgement is there.
3.no since he did not make any payment.
4. No
Devajyoti Barman
(Expert) 13 January 2014
Where is acts of defamation so that you can file such case?
Raj Kumar Makkad
(Expert) 14 January 2014
There are no facts leading to file defamation case rather file the suit within limitation.
ravi
(Querist) 20 January 2014
thanks to all for urs valuable comment and suggestions.
V R SHROFF
(Expert) 20 January 2014
DefaMATION CASE IS USELESS.. NO EFFECTIVE RESULT..
