Legal Question in Banking Law in India
WE HAVE REGD PARTNERSHIP FIRM WHICH IS NOT FUNCTIONING NOW. THE BANK FILED CASE IN DRT AND TOOK POSSESSION UNDER SARFAESI. WE OBTAINED STAY IN DRT AGAINST SARFAESI BUT BANK FILED SUIT/OA IN DRT.
THE BANK NOT RENEWED WORKING CAPITAL. IN ORDER TO SAVE LIMITATION THEY FORGED ACKNOWLEDGEMENT OF DEBTS AND PERSONAL GUARANTEE OF PARTNERS. WE COULD PROVE it WITH THE HELP OF ONE PARTNER WHO WAS ABROAD. THE MANAGER SPECIFICALLY FABRICATED ACK OF DEBT ON A SPECIFIC DATE. ON THIS DAY ONE PARTNER WAS OUT OF INDIA WHICH COULD BE PROVED FROM HIS PASSPORT. HOWEVER THE OTHER 2 PARTNERS HAVE ALSO NOT SIGNED AOD BUT THEY ARE IN INDIA. THE BANK FABRICATED AND SUBMITTED ACKMNTS TO DRT.
WHAT WILL BE THE STATUS OF ABOVE ACKNOWLEDGEMENTS ?? WILL IT HELP US ?? WE SUBMITTED OTS UNDER RBI GUIDELINES BUT BANK NEVER CONSIDERED TO REPLY.
1 Answer from Attorneys
Better consult your lawyer on all these specific issues. If acknowledgments are proved forged, you can succeed.
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