• Abroad loan

I have my brother who was living in uae from last two years and had a loan there of 100000 aed, now he has come back as office closed there and he was left with no job, bank of uae says that they will file a civil case for it. How can he get of this situation, as he here he is earning only hand to mouth.
Asked 4 months ago in Civil Law from New Delhi, Delhi

Civil suits takes time. Suit can be file where you brother is at present. But this will take time as inter country loan. Even filing case will take time. Ignore bank calls.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

Now the banks of Middle East are connected medalist are connected with  CIBIL services in India and any person who was living in Middle East and used the financial services from banks in Middle East can be tracked down in India and as per the IPC provisions of any person who has done any crime in   any country may be prosecuted in India so in this case it is a possibility ant Middle East banking use the debt recovery Tribunal to file a case against you for the recovery of the amount borrowed along with interest and penalty you have to appear before the debt recovery Tribunal there you man Summit that you are running out fund because of   no  proper job  and try to get the amount  converted in equated monthly installment

 

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

To escape from bank of UAE, you brother has to take help of Ministry of External affairs in this regards and ask for employment for you brother in which he has experience from any one of the Gulf Countries or from UAE.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

-  As per  the pact , if any person leave UAE, without clearing the taken loan /outstanding debts, can be detained in India , and some other country as well, and at the time of immigration to some other country. 

- Further, the Foreign Affairs Department clarified that the Indian government cannot help the person with debt cases , as these are considered a private matter between the lender and the borrower. Hence 

1. Your brother should communicate with your bank and properly inform them your financial situation and further request the available settlement options. 

2. If bank agreed ,and acceptable by your brother, then request a settlement letter. Never pay without any documentary proof.

3) This payment can be made from any country , if your brother will join service there. 

4. Once your brother fully paid, tell him to request a release/clearance letter. If the bank has filed a case , then  secure a clearance from the bank’s lawyer as proof that they have cancelled the case.

5. Your brother should present the clearance to the police station so your records can be cleared from police and immigration systems. 

Mohammed Shahzad
Advocate, Delhi
2605 Answers
35 Consultations

5.0 on 5.0

That pact is not related to your case. That is if any order pass by uae court, order can be executed in India without filling fresh suit in India but if your brother will not attend court there, ex parte order passed against your brother not valid in India.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

Current cases my came under this Bilateral agreement between UAE and India.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

In its notification, the Ministry of Law and Justice said the UAE would be a reciprocating territory under section 44A of Civil Procedure Code.

The section essentially says that any decree passed by the superior courts of any “reciprocating territory” may be executed in India, as if it has been passed by Indian courts.

2) bank will take execution proceedings in India to recover money 

Ajay Sethi
Advocate, Mumbai
74627 Answers
4464 Consultations

5.0 on 5.0

Bank can take recovery proceedings against your brother for recovery of loan amount 

Ajay Sethi
Advocate, Mumbai
74627 Answers
4464 Consultations

5.0 on 5.0

- Now, with the new PACT , UAE will be treated as a reciprocating territory under section 44-A of CPC, which narrates that any decree passed by the superior courts of any “reciprocating territory” may be executed in India, as if it has been passed by Indian courts.
- Hence, if the bank files a civil case for the recovery of the outstanding debts of your brother , then in his absence UAE court will passed its order within a short period of time now , and execution of that order will effect in Indian Court as well. 

- I have already mentioned the ways to get ride of it . 

Mohammed Shahzad
Advocate, Delhi
2605 Answers
35 Consultations

5.0 on 5.0

Let the bank file a case. They have to fight ot here. Also your brother's paying capacity is not such that he will pay back the loan. They can do nothing.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Loans may be paid when he returns back to the UAE.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Now, with the new PACT , UAE will be treated as a reciprocating territory under section 44-A of CPC, which narrates that any decree passed by the superior courts of any “reciprocating territory” may be executed in India, as if it has been passed by Indian courts.

therefore, Order passed by the Court of UAE can be executed in INDIA

Suneel Moudgil
Advocate, Haryana
2077 Answers
3 Consultations

4.7 on 5.0

UAE banks cannot file case in India for the loan which was procured in UAE itself Indian courts do not have jurisdiction in such matters. 

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

There is no such pact in force.

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

To avoid all this better u can negotiate with the bank concerned,and make payment in installments. If not agreed by them, let them approach through court of law in India for payment.But your credit history will get damaged globally,thereby your credit rating will be tarnished.Alternately u can deposit the amount to the bank in instalments through indian banks or Dubai Banks working in India.Don't invite problems.remember Interpoll through which u can be traced.


Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

It's a case of assumption it can't be proved

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

See the bank in UAE can file a suit of recovery and get order from court there and can execute the decree in India and can recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Sir UAE is declared as reciprocating territory so now any orders passed there can be recognized and enforced in India and your case shall come under same.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

It's huge amount. They will certainly go after you. Either abscond or face. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

The Bank at UAE cannot file a recovery suit here in India for the loan availed in that country, hence wait for them to take any action in  this regard.

in fact they may hire some agent for recovery who would be threatening  with dire consequences if he is not repaying the loan amount, in such an event your brother can lodge a police  complaint against the said agents to have protection from any such illegal act that may be done by them.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

What you say about the pact is a news, however await the said pact to come into existence after that you will come to know whether your brother's case will come under this pact or not.

Before that do not jump into any hasty conclusion so that you dont draw any adverse action against you by your own commitment

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. Your brother should settle the loan or ask bank of UAE to make a repayment plan for clearing the loan. 

2. Bank can file civil suit for recovery against your brother and get the decree executed in India. Or they can file suit for recovery against your brother in India also but it may take time.

 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

Running away from any problem doesn't solve it my friend.. approach a good lawyer in the UAE for advice.. if you need help, 

Look for a solution and try to solve things amicably if possible, and if not, then through the legal remedies available to you..

In your case, Indian courts do not have the jurisdiction.. The most you can do here is to seek protection from recovery agents harassing you here.. However, in as far as the criminal matters of cheque bouncing and the civil bank recovery suit is concerned, you would have to contest the same there..

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

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