Civil case vs crimanal case
Querist :
Anonymous
(Querist) 14 May 2018
This query is : Resolved
Dear Learned expert,
I need advise on following issue, whether it is civil crime or criminal crime and banker can file civil case or criminal case.
Case :
Default in repayment of foreign bank loan and it is 6 year old at present. 1. Can bank can file civil case or criminal case for recovery of debit in India.
2.Can foreign bank authorise local agent to file criminal case against me in india. if it is criminal.
3.whether it is time barred to file case.
4.When limitation will start to count.
5.whether arrest of borrower can be executed.
kindly advise.
Guest
(Expert) 14 May 2018
Premature queries. Not any type of legal problem so far. Come forward with the real problem if you happen to face any time later, as that depends upon the allegation made through FIR against you..
Querist :
Anonymous
(Querist) 14 May 2018
Claim for repayment of time barred debt
Querist :
Anonymous
(Querist) 14 May 2018
NO FIR at present. but i want legal advise
R.Ramachandran
(Expert) 14 May 2018
The case is related to an individual or a Company?
Querist :
Anonymous
(Querist) 14 May 2018
It is indivdual and no company is involved.
Kishor Mehta
(Expert) 14 May 2018
The time period of the Law of Limitations applies from the last date of payment or written acceptance of debt, whichever is later. This does not apply once a suit for collection of debt is filed within the prescribed time period. No suits for collection are entertained after the lapse of the period as envisaged in The Law of Limitations.
Querist :
Anonymous
(Querist) 14 May 2018
Dear Mr.Kishor sir,
Loan was taken in 2009. Whether it is time barred in india. if decree is passed in foreign country for recovery.
Banker never approached for recovery upto now.
R.Ramachandran
(Expert) 14 May 2018
Please remember. You are not giving correct information. For not giving correct information you will only suffer as the answers given here based on your half information will not be useful to you.
I know for certain, an individual sitting in India, cannot get any Loan from a Foreign Bank.
The fact that you are asking whether a Foreign Bank can authorise an Agent sitting in India to initiate the case further gives reason to an inference that you are talking about the Loan granted by a Bank located in a Foreign Country, and not a Foreign Bank operating in India.
Therefore, better come out with clear facts.
Guest
(Expert) 14 May 2018
@ Mr. Ramachandran,
His preference may be to get variety of contradictory advice from the experts merely on their own presumptions. His query pertains to some Gulf bank, as at the following thread, which he posted separately, when unable to fetch replies to his absolutely vague academic query.
http://www.lawyersclubindia.com/experts/Legal-process-for-recovery-681131.asp
In that thread also he is anonymous, like in this thread.
He should have borne in mind that Indian laws cannot be enforced in Gulf countries or vice versa.
Ms.Usha Kapoor
(Expert) 15 May 2018
1) when was last payment made by you ?
2) what are total outstanding dues ?
3) had any case been filed against you in Gulf?
4)if more than 3 years have passed and no case filed claim of bank would be barred by limitation
5) bank can contact your employer to inform him your track record and amount payable by you If you don't pay they can take recovery proceedings
6) better settle dispute with ban To remedy abuse by bank officials file a police complaint or issue a lawyer's notice to bank. If there is any outstanding amount then bank can bring legal action against you recovery thereof but it cannot resort to harassing the debtor. The bank official who sanctions sending goons to your house can be arrested and imprisoned.
7). If the case is filed and you do not appear to contest it then a warrant of arrest may be issued by court. Do not ignore any summons by court.
8). What was the duration of payment? How many installments have been paid by you? A criminal case is independent of the period within which bank could have filed a law suit to recover money from you.
Sudhir Kumar, Advocate
(Expert) 15 May 2018
PLEASE COME WITH THE FACTS INSTEAD OF SETTING QUESTION PAPERS FOR STUDENTS.
P. Venu
(Expert) 15 May 2018
Please post the the real facts. Anyhow, you could be extradited to the foreign country to face the Law there if such a treaty exists between that country and India.
Dr J C Vashista
(Expert) 17 May 2018
Anonymous author is discouraged to seek obligation of expert advise FREE OF COST as per rules of this platform, no reply.
