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cheque bounce (section 138 of the NI Act)

Querist : Anonymous (Querist) 22 December 2009 This query is : Resolved 
I m disclosing the data in details now.

Ours has a Textile business engaged in the developement of powerlooms parts.

Due to financial crisis we took the Personal loan of different bank as well as of NBFCs like barclays finance , futuremoney etc. worth Rs.10 lacs

Now for most of the banks 3 cheques has been bounced and so the recovery agents of banks are now coming to the factory premises and behaving and tourchering like anything.Moreover they threat to bring out a warrant in my father's name on whose name all PL has been taken.

If i talk about the personal assets then we have house motgaged(Home loan) by GEMoney.

Factory as stated above is in the name of my father( THAT IS GUMASTADAHARA AND SALES TAX NUMBER )

Whether they attach the house?
Whether they attach the factory?
Raj Kumar Makkad (Expert) 22 December 2009
House is already mortgaged so cannot be mortgaged again without clearance from earlier authority. Factory can be attached as it is in the name of loanee but there is a set procedure for doing all this and mere goons have got no right, title or interest to do so. Court can do it and not agents. You defend your case with full facts.
Ajay Bansal (Expert) 26 December 2009
You have come in legal troubles.It is better to make compromise.However nobody is having any right to come at your place and tourching you and your father.


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