cpc

guidance required ....


Hi, 

Require your guidance ..... It is typical case of lending money to office collegue. 

In October 2010 , I have lended Rs two lacs to my superior , on pretext that he has to get her daughter medically treated and he require imediate funds. 

In April 2011, he has returned one lacs out the above amount and promised to pay the rest of the amount. 

Later in month of june 2011, Organization got complaint through the some of the staff members that the person is in to the practise of taking the personal loan from other staff member and has defrauded the company by presenting wrong medical documents for the medical loan taken from the company. 

On the said pretext , I took a cheque of remaining amount from the person for securing the amount . 

In December 2011 , Person was asked to go by the organization and his emoluments and account were marked on lein. 

Please guide me on the course of action , on what should be done by me to recover the amount. Further , person is jobless now but has never told me that he can't pay but have always postponed the date of payment .

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

You can take fresh cheque from him in splace of old one. Since the old cheque validity for 3 months only. And another important news is that all old cheques will be invalid from 1-4-2013 onwards. Please cheque this information with your nearest banker.

 
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Advocate

Please take CTS Compliant Cheque... All banks have by now issued these cheque books to their customers.
 
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Mr.Jatinder,

As you have lent your money to your collegue without entering into money-lending document, So it may be possible that, in near future your friend may deny or neglect to pay the amount which he has borrowed from you. In that situation, if you intends to recover the defaulted money from him through court of law, then there is strict requirement of relevant document showing that your collegue had taken a loan from you. AND HENCE on the through occurance of the stated situation, you must be in a position to show or to submit relelvant documents provind lending of money to your frined buy you in the court. In the present scenerio, you are not in proper hold or custody of relevant document providing loan agreement between you and your friend or any kind of promissory note.

So in that context, firstly, mark written letter to your friend asking therein to repay entire amount to you taken by him on the pretext of providing medical assistance to his children. in the said letter, also mention  that the period within which your friend has agreed to repy the said amount and also ask for the payment of entire or balance amount of loan within prescribed time mentioned in the said letter. Subsequently, on the receipt of your letter, you should take aknowlegement of the said letter with you and thereupon wait for his reply. It is to note that, at the time of his reply/ in his reply if he accepts that he has taken loan from you and agreed to repay it on the prescribed time, then that will amount a material proof/evidence which will be produced in the court of law in the suit filed  for recovery of money.

Simeltaneoulsy, verify with the banks for the cheques which he has provided to you and in the event, if the cheques dishonour at any point of time, take the assistance of advocate and go for the recovery of money through proper channel.

Regards

Kishor Hajare/9930647734/hajare.kishor@rediffmail.com


Total likes : 1 times

 
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Thanks gor reverting ....

Mr Kishore , it is valuable input being given .....  I have one e mail conversation were he has accepted the loan re-paymented and scheduled paymented period to be in feburary 2013, which he has defaulted..... and issuance of PDC 

I can share the said mail at your email id also .... Please guide me if that can work as legal proof .....

 
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