• Civil suit for defamation

Hi experts, i have purchased a commercial vehical by nbfc loan. I have paid all emi regularly by account through ecs. During the repayment schedule a instalment missed due to earlier present in account and a instalment is outstanding.
Mean while company have repo my vehical due to this from on the way from my driver forcfully to drop driver and a govt officer on the way. 
I have file a FIR under IPC 384, 114 for this offens but police station file C summery for this FIR as per information.
Company has done arbitration process without intimation and arbitrator has pass X party award to pay, i have chalange said order in bombay high court under section 34 and hon. Court set a side arbitrator award with given a liberty to do arbitration process again and order saw that order is consent of party!!!

Can i file a civil suit against nbfc for defamation??? and it is advisable...?
Please to help and advise.
Thanks in advance.
Regards.
Girish Vyas.
Asked 5 years ago in Civil Law

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11 Answers

A defamation case can be filed by you against the company for not only harassing you by snatching the vehicle but involving you into litigation harmful ti your reputation.

Regards 


Btw defamation is not a civil but a criminal remedy.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Obviously you can file civil suit as well as criminal complaint under section 500 ipc for defamation

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Yes you can file a suit for defamation against the loan provider for taking the vehicle with force without prior intimation of pending EMI. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you can if you prove the said incidents have defamed you and tarnished your image and also claim damages. 

Prashant Nayak
Advocate, Mumbai
32054 Answers
183 Consultations

4.1 on 5.0

You can file civil suit for damages for forcible possession of vehicle 

 

2) however please note that suit for damages would  take years to be disposed of 

 

3)better would be to make counter claim in arbitration proceedings 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

Suit for damages has to be filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

Don’t file any review petition 

 

if any arbitration  proceeding are filed you can contest the proceedings file counter claim  

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

3 years. 

Prashant Nayak
Advocate, Mumbai
32054 Answers
183 Consultations

4.1 on 5.0

Need copy of judgment passed by Hon'ble High Court can u provide? 

For perfect legal remedy

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

File case immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Force recovery is barred by SC, file protest petition agasint the police report. Whatever it is, bank/financial institution cannot employ force to recover the loan and have to go by the law,
File consumer complaint, 100% relief.

Whatever the result of arbitration but that was initiated after forced recovery. Approach Consumer Forum.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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