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CUB NOW LION LATER   25 December 2022

financial

i took money from my friends for business purpose signing an agreement without notary to return 20000 per lakh per month (i paid from January to August) . but for the last 3 months, my business is in loss and i am not able to pay it
what should i do if they file a case against me? i promised to return once i regain my profits in business.


Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 December 2022

You can sign another agreement that you will repay after your business is increased by giving a surety.

Sudhir Kumar, Advocate (Advocate)     26 December 2022

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund. Such loan is taken by a person:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich. (ii) who cannot raise bank loan because :-  

Either he himself is not creditworthy

Or  

the purpose for which he seeks loan is illegal or the purpose for which he seeks loan is not at all commercially viable.

(iii) Who knows he can afford not to refund.

(iv) Who trusts his thick skin

(v) Who intends not to refund

(vi) Who has made fortification against action of refund. So he has to find someone who can part with his money.

 

SO he finds a lender near him (friend or relative) Such loans are given by the persons :-

 

(i) Who has surplus money.

(ii) Who displays and boasts of such surplus money.

(iii) Who stupidly believe that there will be a refund

. (iv) Fails to realise as to why he alone (not bank) is being contacted for loan.

(v) Who has extreme trust on the debtor

(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

(i) Without legally sustainable documentation.

(ii) Without witness

(iii) Without guarantor.

(iv) During cordial relations

 

Soon after giving such loan :-

(a) Relations are no more remain cordial

(b) Business started by such money (easy money belonging to other) invariably fails.

(c) Such loans always sink and not refunded.

(d) Person seeking such refund suffers at legal process.

(e) Person seeking such refund legally or by persualtion is socially criticised.    

 


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