Legal Question in Civil Litigation in India
A is a defaulter of a vehicle loan in a bank which has been the guaranteed by B. Bank has filed suit against A &B. A has failed to respond to the court summons etc.while B has appeared in the court whenever summoned. The bank is threatening B that his property will be attached.The property in question is jointly owned by B and his wife.who both are senior citizens and B is a pensioner. My queries are
1. Can the court attach the joint property which is not mortgaged to the bank but is charged to another bank for housing loan availed by B and his wife.
2. A"s loan is secured by hypothecation of a vehicle
3. Can the court issue a decree jointly or severaly against A & B without exhausting its remedies against A as also sale of the vehicle
3 Answers from Attorneys
Dear Sir / Ma'am,
If 'A' availed vehicle loan (on moveable property), usually mere R.C. Book of vehicle will be in the hands of Banker, then availed loan shall be against hypothecation, and said vehicle can be freezed by the Banker during default.
If 'B' puts colletral surety as you said, then usually he shall be liable upto extent of his burden agreed with the Banker, okay !
If 'A' failed to respond to the Court summons, then Court summons can be published in the local paper thro' Order 5, Rule 20 under C.P.C, okay !,
If 'A' absconds severly, then this shall be recovered thro' Colletral Surety holder 'B', okay !
No, "joint property" can be attached, unless property belongs to 'B', okay !
i agree with Adv Dixit
i too agree...
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