long absconding case from personal loan & nbw

This query is : Resolved 

Querist : Anonymous (Querist)
13 June 2019

My brother has taken personal loan of 1 lakh in 2012 After paying few EMI, he lost his job. The he could not pay the emi.
He absconded from the loan. From 2014 he is doing job,but did not pay any EMIS. Now he is wanting to clear the loan amount as he has some savings. My question is now what is the way to do it. He fears bank must have moved to court and in case any NBW is issued his job will be in trouble. Is there any way to know that you have NBW against your name. If NBW is there, can brother avoid jail punishment ,if he clears the loan outstanding.Is it possible. Pls guide what to do.My brother does not want jail.

Dr J C Vashista (Expert)
14 June 2019

Advise you brother to discuss the issue with bankers/financier/ money lender and get the loan settled, without getting entrapped in NBWs or other legal cobweb.
Otherwise, it would be better to contact, consult and engage a local prudent lawyer for appreciation of facts/records, guidance and proceeding without seeking obligation of experts on this platform although it is available FREE OF COST.
Anonymous author may not expect obligation of experts as per rule of this platform, disclose your identity.

SHIRISH PAWAR, 7738990900 (Expert)
14 June 2019

Contact directly to bank managers and express you intention that you want to repay the loan and negotiate with them. Surely they will give you good option. They may also give you option to pay in part.

Querist : Anonymous (Querist)
14 June 2019

Thank you for the reply Shirish sir and Vashistha sir.

My brother is ready to pay the full amount of the loan.
After a long struggle he has got good job, if he gets arrested he will loose everything.
So my question is , is there anyway to know if bank has moved to court or not?
If bank filed case in court,
Is there any way to know , if any NBW is ordered by the court as he absconded for a long time??
If any NBW is ordered, when he clears the outstanding amount , can he escape from getting arrested.
My brother moved from the addresse after loosing job.So he has no idea whether court has sent any notice or not.He did not tell us about the loan till last month in shame and fear. He lacked maturity in handling situation. Please clear my doubts and let me know how can i save my brother from this trouble.

15 June 2019

Dear Sir,
It being a civil case normally no warrant can be issued.

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Querist : Anonymous (Querist)
16 June 2019

Thanks Kishan Sir, if I could get answer to my specific questions, it will be of great help.

Sudhir Kumar (Expert)
23 June 2019

If he is willing to pay then what is the problem. he must. He should. Bank also want their refund only.

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