Legal Question in Banking Law in India
Sir, I had taken a loan (Rs.150000) from a private bank. I paid Rs. 100000/-. Due to physical problem (I have three blockages in my heart) I fail to pay.
Then the bank issue a Summon from Gurgoan Distri. Court with out any case number. And for that reason I d�t appear to the court. After four months a head constable from Gurgaon with local police and with some muscleman of bank come to my house and take me to local police station. And the head constable issu a bail at spot. And warn me to pay the eiterire amout with in one month and fail to do so he will come again and will take me Gurgaon directly from kolkata.
My question is:
(i) May any bank be able to issue summon from other state?
(ii) Policeman has the right to issue a bail?
(iii) A policeman from Hariyana can take a person from kolkata directly?
1 Answer from Attorneys
It is not the bank which has issued the summon. It is the court in Haryana which has issued the bailable warrant. if you don't appear before that court, that court may issue a non bailable warrant which can be executed by Kolkatta Police on request from Haryana police who come to Kolkatta for executing the warrant.
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