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Nitin (Manager)     26 March 2012

Languages to be used while drafting contracts for banking

Hi Friends, Banks in our area are taking affidavits and other legal contracts in english. However, my clients who have taken the loan from these banks have just signed the documents in good faith. My clients don't understand english langugae. Can I as an attorney of them take the defence of illegible language in case of default of loan ? If yes, the please furnish me the judgements and other necessary information. Thanks in advance Nitin Gupta Advocate


 3 Replies

sanjay kumar (BE/ LLM in Corporate Laws)     26 March 2012

In my opinion, you stand a little chance. Nobody had stopped your clients to understand the agreements before signing them. Further, the Bank-agreements are standard one applicable to all their clients.This argument will not work, I feel.


My opinion with respect to the query raised by you is against your client. These are the defences which all the borrowers and guarantors would like to take. But consider the judgment of Bombay High Court passed by the Hon'ble Mr. Justice Variava. This judgment and many more will go against your client. 

Raja (XYZ)     31 March 2012

citation please

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