need help


one  bank file recovery matter in  co operative court  regarding  loan given on instrument on our client.

the man  who filed case on belhalf of bank   as  branch officer. he submitted  documents like  resolution of bank  ragarding power to sumit thiscase ,loan  agreement ,promissory note etc.

actually he is not working as branch officer  inthat particular branch while submission of loan application and disbursment of loan.

now he filed affidavit. in his affidavite he is telling that he identify (knows) signature of our client and two gurantors. actullay not  a single signature is done in front of him. In loan agreement paper submitted by bank there is signature of different  man , who signed  as 'agent'  and there is a stamp "in presence of  me " on above this signature.

A the branch officer who submit this case also  signed as agent

what is meaning by agent ? and what is criteria for agent?

there is no  particular name   of this person in the resolution sumitted  by this branch officer .

the resolution copy having 5-6 persons names with there posts  and in front branch  offficer there is no name of this person who submitted this case in co operative case.

also this particular manchine in not  received by  dealer of company  to our client .

matter is for cross stage now. which points should be raised ?

regards

patil

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

For co op sector there is no such lengthy procedure , co op registrars are authorised to issed recovery certificate.

If is is real story please tell the details of parties , court and place.

 
Reply   
 


Advocates & Mediators.

co operative Arbitrator issue certificate after proper verification of documents placed before him .

if you have any doubts you can raise before him .

 
Reply   
 
Advocate

Co-operative Registrar is only an Arbitrator. You may raise all your contentions before him as and when he called you b y serving a notice.  If you are allowed to cross examine, ask all these matters and let him reply. You can ask whether their byelaws allowed such things.

 
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