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Pledge of NSC

(Querist) 23 October 2008 This query is : Resolved 
Hello! Our expert lawyers’ team
How u all r doing? Hope this is our last query to u all BEFORE DEWALI. Plz reply as early as possible as ur doing always.
Our clients is running their business under the name…M/s……..Marble.( 3 brothers r partners in the co.)They r hving their Current a/c with Dena bank. Our clients requested Dena bank to raise their C.C limit. Dena Bank asked them for security Pledge. Our clients deposited NSC certificates on 29/10/1997 worth Rs.30,000( its maturity value and maturity date is 60,450=00and 12/04/2003 respectively) Our clients have already cleared their Cash Credit limit in time. At the time of audit of Books of Accounts of our clients, the auditor pointed out that where is the above said amount. Our clients hv inquired with the bank by writing some letters in 27/09/2006 and 19/07/2007 and same hv been acknowledged by the officer of the Dena bank but no clarification has received. V applied under RTI on 18/09/2008 for concerned details bt V received –ve response on 27/09/2008( it mentions that there was no stipulation by the said bank.). Again V issued the notice on 7/10/2008 and replied by the advocate of the said bank that there was no stipulation by the bank.

What V r having 1) zerox copies of the said NSC with the endorsement of the APM” Pledged in favor of Dena Bank on each Certificates” 2) The letter written by the Manager of the Dena bank to the Concerned Post master inquiring about the NSC pledged in favor of its branch. V checked all the Current A/c statements of Our clients V did not find any credit of Rs.60,450. Dena Bank has not returned NSC certificates to our clients till today.

V need here Criminal proceedings. Can V go for it? If yes what V need and to whom V should mention as Accused or Culprits. Pl… spare some time for us and give us reply.
Thank u.RHM,HDM,NJP,RMH












deepak kumar (Expert) 24 October 2008
one step that i would suggest before going in for criminal/civil litigation is to complain before the banking ombudsman and see what comes out from it.
ARVIND JAIN (Expert) 24 October 2008
NSC MUST BE LYING IN BANK. NOT ENCASHED.YOU MAY TAKE BACK. IF THEY DONT RETURN THAN U CAN FILE A SUIT AND IF NSC ENCASHED U MAY FILE CR. COMPLAINT ALSO.


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