• Bank loan

Dear Sir/Madam,
I'm a Doctor working in Kuwait. My wife had availed a loan from Bajaj 2.5 years back. But due to financial issues we could not pay the emis. But after coming here we were paying the emi and have regularly paying the emi and have cleared all the overdues. But earlier they had filed cases against her regarding the loan and an nbw is raised against her. They have filed almost 14 cases and every case there is nbw. But she wants to travel to India now for health reason of her mother. Will there be any problem there in India for her and will there be any issue in her traveling back to Kuwait.
Regards
Dr Arun
Asked 7 years ago in Civil Law

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16 Answers

1. Since NBW is issued she has no option but to travel to India to seek bail for which personal presence is indispensable.

2. However there is not much concern for  bail as the same is would be allowed the moment she enters appearance in the case. Once bail is granted and NBW is recalled she will not have any problem to travel back to Kuwait once again.

3. Since pendency of so many cases would be a problematic for eh stay in abroad, talk to the creditor and settle the dispute by making payment of an agreed amount.

 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

It depends upon the section used against you, but it is always advices to appear through a Lawyer before personal appearance, if the section is not bailable then the magistrate has to pass an order for arrest by rejecting your bail application. So please consult a good Lawyer along with documents and request for his help.

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

Hello,

If there is a proclamation under section 82 of crpc, then yes your wife can be arrested but I would like to suggest you to file for anticipatory bail and also file all the details where bank has misrepresented the facts.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Hello,

if the loan has been paid back then ask the bank to close the cases. Also, you may talk to the bank for withdrawal of the case even if entire payment has not been made since you are now regularly paying the EMI.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It would he better, if she does an amicable settlement with the bank, as she might be arrested in India due to the number of NBWs against her, as getting bail would be difficult due to the number of defaults on her part.

It's better if she applies for Anticipatorybail in order to avoid arrest.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

No since the recovery proceeding is civil in nature there won't be any issue if she goes and come back. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello

        The bank loan has been paid back to the bank. The bank must have issued you a  full and final settlement certificate.also it must take back all the cases against you. If they haven't done this yet you should talk to the bank so that the warrants must he taken back and the case closed otherwise the police shall arrest you on arrival.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) your wife should make application to trial court fior cancellation of NBW 

 

2) make application for  compounding of cases as payment has been made to complainant 

 

3) seek exemption from

personal appearance until further orders 

 

4) engage a local lawyer and check whether any LOC has been issued against her 

 

 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

1) If you have cleared all EMIs and closed all loans, than where does case stand which all were filed by banks against your wife and NBW were issued against her. 

2) If all loans had been closed than court msy withdraw all cases or after time being all may have got dismissed.

Let me know the NBW dates and all closed loan dates.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the cases are not closed/disposed of nbw will cause problem... First get the cases closed by showing the details and after that only travel plans to be made

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

Dear client, 

If she will visit India definitely be arrested. Better apply for anticipatory bail on the ground of no payment due and matter is civil in nature hence criminal cases not maintainable.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Dear Sir,

It seems they are cheque bounce cases as such it does not reflect much severity.  However it is better to move High Court and get recall all the NBW's and then travel to India.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Just a NBW on her name will not restrict her Travel to India and back.

If you are confirmed that all the loan amount have been fully discharged, then you can ask the company to withdraw the cases pending before court for the same reasons.

If necessary she may surrender before the court and get all the NBW recalled by filing a surrender petition and also solvency memo with the assistance of an advocate.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

If the due amount with interest is paid to the lender then there won't be any issue 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

You need to cancel the nbw issued. You need to face the trial. If she comes in India she can be arrested will warrant is not cancelled

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

1. NBW or any warrant for that matter can be issued in case of defaulting in repaying loan.

 

2. What are the charges  levelled against your wife as mentioned inb the said NBWs issued against youir wife and how did you come to know about those NBWs?

 

3. It appears that cases have been filed against your wife based on which NBW have been issued against her for not appearing before the Court even after receivinfg the Summons.

 

4. She should now submit before the Court and avail bail in all the cases filed against her.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

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