vijay (consultant) 08 August 2010

loan recovery case by bank

Bank has filed the Spl. civil suit against the borrower for recovery of Loan.While submission their is a mistake in the apllication about mentioning the incorporation of bank.This is Coming under Formal Defect.if on behalf of my client ,i bring on record while defence is submitted,can the Judge, dismiss the suit?

Or what other order he can pass on our submission?

We request opinion with case law in support.

Vijay

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4 Replies

Madansingh Shekhaawat (writer & an editor) 08 August 2010

you will have to make an amendment in application.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 09 August 2010

Particulars of incorporation is not in issue. It is rectifiable error. It cannot affect the merits of the case.

vijay (consultant) 09 August 2010

Sir,thank you for opinion.

but this is noteworthy that i could find the citation of Rajasthan high court in favour of Formal defect and court has dismissed the case on the grounds of FORMAL DEFECT. if any more concrete information is available,pl. forward. i respect for the opinion of above learned lawyers.

Lalit Singh 01 March 2022

my father has comercial vehicle loan in a bank after my father death due corona time i unable to repay my vehicle loan after that bank issue serval notice for repayment & then Dec 2020 bank take vehicle of my father name sale in auction with with difference of 3 lakh of bank demand now the attached my mother name vehicle in that case & they want recovery those amout from my mother property is it possible they aattach my mother property in that case plz answer