Legal Question in Banking Law in India

my husband took a personal loan of rs 200000 n we pay off 11 EMIs of rs.5980 then after we moved to dubai. here we faced lots of financial problems so could"t pay the rest amount now the bank people r threatening us to cancel our passports? can they do so? and the amount we hav been told to pay is 185000 rs. so what should should be the settlement amount?


Asked on 2/11/13, 1:46 am

6 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The Bank can file a suit for recovery of the loan amount but cannot get your passport cancelled......Try to sort out your financial problem with the Bank........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/11/13, 2:00 am
Jayesh Desai Jayesh Desai

Bank cannot get your passports cancelled.

You have borrowed and you are liable to pay, settle the issue with bank and pay them - ask for rescheduling of the installments if you cannot pay in one go. Amount to be paid in settlement is to be mutually agreed between the parties, i.e. you and the bank.

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Answered on 2/11/13, 2:10 am
Shaji Natarajan Salam Advocates & Legal Consultants

The Bank loan you had availed being a Term loan, on your not paying the monthly installments, penal interests may have been added to the outstanding amount. If you had given any Security Cheque then the same may be used by the Bank for initiating Criminal Proceedings under the NI Act, otherwise the remedy for the Bank would be only to initiate recovery proceedings before a Civil Court. By no chance have they any authority or would they be able to get your Passport cancelled. If they initiate Civil case, you can always pray for payment in installments.

For further clarification if any, you may mail to [email protected] or call on 00971 50 2104389.

Kind Regards,

Shaji.K.N

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Answered on 2/11/13, 2:29 am
Fca Prashant Chavan Expert Edge LLP

11.02.2013

Dear Madam,

You have not specified the tenure period for settlement of the entire loan, the rate of interest agreed on the loan, and the number of EMI instalments that your husband has defaulted with the bank, and the bank's prevailing present rate of interest on loan.

Please mail the above information at [email protected] to know the exact one time settlement amount to be negotiated with the bank.

Regards,

FCA Prashant Chavan

Mumbai

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Answered on 2/11/13, 2:44 am

the bank can file suit for recovery of the money and proceed with the exparty, now they have no right to cancell your passport.

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Answered on 2/11/13, 8:22 am


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