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Joshua Williams (Vice President and CTO)     30 September 2015

Court notice issues for non-payment of personal loan

Dear Advocates of Chennai

I have a question, a common one though that you may have heard and answered over a million times, however as a common man with simple basic understanding of legal procedures i seek your expert advice in my situation concerning a case filed by HDFC Bank, Chennai with the [X ASST CITY CIVIL COURT AT MADRAS] against myself for being indebted to them by way of a personal loan availed by me having acknowedged, signed and issued cheques in favor of the company, in the year 2008 for the sum of 5.5 Lacs. The said loan was not repayed in full or in half as my financial situation appraoched a bottle neck and left me in an unpayable state. The bank tried contacting me for the recovery of the above mentioned amount and gave up in the course of time and i moved away from my place of residence to a different location. However recently when my wife had applied for a certain loan with HDFC bank with which she held a salary account and knowingly had written my name in the field which said (husbands name) the bank gathered the information and somehow related the application with me and sought to communicate their interset to pursue the left sum with their best efforts. A representative from the bank visited me coupla times and a senior lady from the local HDFC branch T.Nagar visited my residence and verbally threated me that if i dont come to meet her in her office in 2 days to negotiate a truce, i would have to face dire legal consequences. Well to be honest i really din't care much and was sent few notices through their lawyers and that was all. But today a representative from the court and a register post arrived in the morning issuing me a show cause notice. which said the following

HDFC bank - Decree Holder
My name - Judgement Debtor

Whereas the above named HDFC bank limited has made application to this court that arrest the JD
You are hereby warned to appear in this court in person or by a pleader duly instructed on the 16 Oct 2015 at 10:15 AM to show cause against the application. it also stated that if i failed to respond, the case becomes an exparte.

Signed by adovcate for decree holder.

I understand that a notice issued by the court should be honored and taken seriously, but what is the real gravity of this case ?? secondly what kind of outcomes or consequences are to be expected out of this proceeding ?? thirdly to what length can the bank go to pursue the trial as i heard its on the last bucket of recovery ? lastly, will an anticipatory bail be required ?? i will seek my lawyer to appear on my behalf but id like to have a complete understanding of how i will and should play/will be played. Thank you all in advance for your valuable suggestions and inputs.


 5 Replies

G.L.N. Prasad (Retired employee.)     30 September 2015

What are your real intentions ?

What is the purpose of posting this in open forum, when Bank Officials visited your residene and asked you to come to Branch for negotiation ?

It appears that the Bank has filed suit and obtained even a decree against you.  Simply by posting a query and seeking advises , you will not come out of the situation.

Anyhow, you have to pay the debt today or tomorrow, and now when AADHAR and other means are available, now a defaulter may escape temporarily but can not permanently escape from responsibility and become a wilful defaulter.

First contat Bank officials and then decide, without precipitating the problem and bringing a bad name to you and your family in the society.

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At the outset U are termed as wilfull defaulter by the bank.Since 2008 U must have had hell of time with the recovery agencies,U have not mentioned that.UR name was avaiable as defaulter in CIBIL when UR wife applied for PL..U must have been served summons but returned undelivered hence the court ameena(not a representative has delivered the summons in person.Better approach a good lawyer and attend the first hearing,no need for AB at this stage.If U don't attend on the 16th NBW can be issued by the court.The bank must have got an ex partee decree as there was no response from U either in person or through an advocate.

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G.L.N. Prasad (Retired employee.)     30 September 2015

This is what the member has done to avoid Bank

The bank tried contacting me for the recovery of the above mentioned amount and gave up in the course of time and i moved away from my place of residence to a different location

Joshua Williams (Vice President and CTO)     30 September 2015

Dear Mr. G.I.N Prasad, I have no intentions of escaping the scene, the entire situation has blown to this magnitude gradually which i was not aware of. When i said the bank gave up and i changed by residence, i actually meant that i did have a lot of conversations with the bank representatives and the meetings were always a gentle one with me stating that im unable to pay and so they even stopped calling me for so many years. i emailed them to not come to my previous residences to look for me. This short development has happened recently after that ladys visit to my place. so im really not aware of the summons issues as per what Mr. Sainath says. I did get a couple of notices from their lawyer.

Kumar Doab (FIN)     30 September 2015

You are judgment debtor. Bank is holding the decree.

You have been rightly advised to approach an able lawyer in person.

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