Non-bailable warrant
Ramanathan
(Querist) 24 October 2015
This query is : Resolved
Dear Exerts, Please Advice:
I have Citibank Credit card / Loan outstanding and I finally settled in Lok-Adalat at Rs.1,20,000/-.
The Award copy of Lok-Adalat (as I agree & signed by me)Terms of Compromise read as "Opponent ready to pay Rs.1,000/- per month from 20th Dec 2014 to till 20th June 2015 and thereafter remaining amount in the installment per month of Rs.20,000/- each."
I have paid Rs.1,000/- per month for 7 months & balance amount Rs.20,000/- per month I could not pay due to financial problem & I ask the bank for some time till December, but last week the bank executive informed me by phone as they will issue non-bailable arrest warrant against me.
I am in a difficult position, How will I know if they issue warrant against me?, where should I contact?
Please advice!
Thanks & Best regards,
Ramanathan
Anirudh
(Expert) 25 October 2015
The bank is only trying to scare you.
The bank will not be able to get any Non-Bailable warrant at this stage.
If you could not honour the commitment made by you earlier, but are willing to make the payment given some more time, the court will agree. But you must take efforts to repay the committed amount.
Guest
(Expert) 25 October 2015
The Banks Could Certainly get NBW in Such Cases.Sort it Out Immediately.
P. Venu
(Expert) 25 October 2015
In the present circumstances, the Bank need to approach the Court for execution of the decree and it may be that the Court may show some leniency as to number and amount of instalment. If you fail to fulfil the decree even thereafter, the Bank has the option to seek your arrest.
SAINATH DEVALLA
(Expert) 25 October 2015
The case will not be withdrawn by the bank until U clear the entire outstanding.The compromise arrived at the lok adalat has no legal binding that the bank should withdraw the case,even The Supreme Court has also held that compromise implies some element of accommodation on each side. It is not apt to describe it as total surrender.
A compromise is always bilateral and means mutual adjustment. Settlement is termination of legal proceedings by mutual consent. If no compromise or settlement is or could be arrived at, no order can be passed by the Lok Adalat.
Hence if fail to clear UR instalments then U are bound by the decision of the court in further proceedings.U can't keep on saying that I don't have money to pay the instalments to the court.So finally don't invite warrants etc.
K.S.Srinivas
(Expert) 25 October 2015
1) Bank is not competent authority to issue warrant against you.
2) The bank may file E.P. in the court.
3) Total denial of payment of installments is not permissible. If you fail to make payment of installments, the court may issue arrest warrant.
Rajendra K Goyal
(Expert) 27 October 2015
Bank can not issue non bailable warrant. If they file execution and you do not represent / pay court can issue. Better arrange the money and get rid of the liability.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
In my opinion the precise and apt opinion in this regard has been rendered by expert Mr KS Srinivas, the author may understand that the bank has no power to issue NBW nor it can approach criminal court for breach of agreed condition. It has to resort to civil legal proceedings alone for recovery.
