Legal Question in Banking Law in India

Dear Sir,
There is a case of fraud (Bank Loan)which is pending in high court against Bank manager and others and also FIR was lodged against them regarding fraud. And Bank tried to recover loan amount through Lok-Adalat and Lok-Adalat sent summons in English and Person did not read english and he/she did not appear in Lok-Adalat and Lok-Adalat made Judgement against and sent warrant ..whilst case is pending in high court and police also investigation procedure and found signature of Loan paper is Fake. But Still Lok-Adalat send Warrant about recovery of loan otherwise property will be executed for auction..What should be possible step for victim or against bank or Lok-Adalat? any rules that can be challenge if summons sent in english and person did not read English and did not appear in Lok-Adalat
Many Thanks

Asked on 5/25/15, 3:14 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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25.05.2015

Dear Sir / Madam,

When the victim received the summons in English, he / she should have got it translated in the local language and appeared before the Lok Adalat in his / her defense in the case. The victim should insist that the Court decision and order to be given in the matter should be relied upon.

Regards,

Answered on 5/25/15, 4:33 am

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