Mr. X has taken a personal loan of Rs. 1 lakh from the State bank of India under express credit scheme and Mr. X is repaying the loan on every month with the instalment payable. here Mr. X is a government employee and his salary is deductable every month from his disbursing officer. later Mr. X has been transferred to some other place and his Salary account was also shifted to another bank. Mr. X had committed default in payment of the Loan and the Bank authorities insisted Mr. X to repay the loan. for which Mr. X issued a cheque for Rs. 83,293 towards instalment of the personal loan. but unfortunately due to insufficient funds the cheque was dishonoured and the bank within the statutory period issued a legal notice to mr. X to repay the cheque amoutn otherwise proper action willbe taken as per law. later 138 NI.ACt case was lodged against Mr. X in the year 2009. during the pendency of the 138 N.I.Act proceedings the bank again filed a civil case against Mr.X for Rs. 83, 419/- in the year 2010 regarding the same personal loan.
but Mr. X had cleared the cheque amount and the N.I.Act case was closed as per the letter given by the bank authrities. so Mr. X is under an impresssion that the loan was cleared.
but unfortunately the civil suit filed by the Bank was decreed in the month of July, 2011. now the Bank authorities suppressing the N.I.Act proceedings inorder to gain wrongfully filed the execution petition for atttachment of the salary of Mr. X. what is the remedy avaiable to Mr. X and in what way Mr. X had to defend his case.
