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hariom@786   06 August 2015

What can i do if i missed attend court summon under 138ni

Hi Sir,

I had a loan with HDFC Bank of Inr 98000 and my 13 emi got bounced regularly because of financial crisis.(grandfather cancer). i wrote multiple mail to bank please give me waiver for some time but they did not listen. finally i got summon from court but unfortunality i got ill at the day of court date.and i have hospital report of that day.

now what i have to do?please suggest me.

bank recovery team is continue following up with me before summons & after summon.



 7 Replies

S Singh   06 August 2015

First find out your next court date.

Secondly you can fight your case in person also.

Accumulate all the evidence, like your grandfather's, yours, hospital reports,  etc. which shall prove that you did not deliberately breached the loan contract.

Make sure to go and mark your attendance on the court dates else a bailable arrest warrant shall be issued.

Actually one has to negotiate with the bank only with regards to proving that you did not deliberately breached the contract.  Talk to higher authorities in the bank. They will renegotiate your loan terms and emi. May reduce it or widen the tenure of payment. 

Otherwise court will implement the laws and order you to pay the damages to the bank.

Your property if any shall be attached.

In default you may also have to spent jail time of approximately 2 months with fine of around Rs. 10, 000 and in default of fine another 15 days.

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     06 August 2015

Bank is nowhere concerned with the personal problems of the defaulters.All the defaulters are one and the same for them. The recovery teams will not be bothered  about the cheque bounce case,their duty is to recover dues.Do U want to contest the case or settle the issue with the bank.? Don't be complacent in UR approach?

1 Like

Anil Agrawal (Retired)     06 August 2015

Find out the next date of hearing and present yourself before the court. Donot bring in your personal problems before the law.

1 Like

hariom@786   07 August 2015

Thanks for your valuable support.

How i can find my next court date. because summon date was 3rd of august which i missed due to illness and i have no any contact details of anyone. please suggest how i can find next date.

and recovery team asking me for settelment also. can i settle this? and after settlement case will close automaticaly or i will receive another summon too. i am not knowing about legal procedding please help me.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 August 2015

log on to ecourts.gov.in, click UR state,then district,then click on party name(FULL NAME), u get the details.

Anil Agrawal (Retired)     07 August 2015

Dates are now available on this website. Enter your details and you will know.

https://court.mah.nic.in/courtweb/index.php 

Ompal Aggarwal (Advocate)     09 August 2015

Better do settlement with bank if it is not unfavourable with u n submit a copy of the settlement to court on next date of hearing.

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