RE: LOANS/CREDIT CARD
AMAN
(Querist) 27 January 2011
This query is : Resolved
1.I am defaulter in CREDIT CARD / LOAN in India and the bank has already filed the Civil suit. Will the Court in India issue any NBW or RED CORNER NOTICE against the defaulter to get back from Abroad, if requested by the bank? What is the procedure, please let me know in detail.
2.Will the bank be able to do anything through their representative office in that particular country, if they gets any order from the Indian court or the territorial jurisdiction would be apply, pls advise.
Thks,
Amit Minocha
(Expert) 27 January 2011
they cannot get any NBW or red corner in a civil suit, at the most they can ask for your attachment from the respective branch in the said country provided there is treaty between the two countries regarding it.
AMAN
(Querist) 27 January 2011
Sir,
Thks for ur reply.
But what kind of attachment they can ask for and what type of treaty, pls advise.
Thks,
Devajyoti Barman
(Expert) 27 January 2011
To attach a property of the litiant the court does not require any treaty. In your absence the bank may obtain the ex parte decree and to execute the decree the court may order attaachment of your property so that the same be auctioned and sold to recover the decreetal amount. No treaty s required for that.
AMAN
(Querist) 30 January 2011
Sir,
Thks for ur reply.
But what kind of attachment of property u are talking about, if no property belongs to me presently.
What is ex parte decree,pls eleaborate?
Thks,
AMAN
(Querist) 06 February 2011
Sir,
Thks for ur reply.
But what kind of attachment of property u are talking about, if no property belongs to me presently.
What is ex parte decree,pls eleaborate?
Thks,
