Advocate Murugan E.M.

Questions Answered by Advocate Murugan E.M.

Q: Notice received to guarantor for not paying loan amount by person

I’m personal loan guarantor to someone who has defaulted several emis. The person was my colleague but is now not working with me. I have his phone number but is not answering my calls. I’ve received a notice from an advocate asking to pay dues or bank will file lawsuit. The notice is on his office address but since he isn’t working here with me, obviously he won’t get the notice. What do I do now.

Advocate Murugan E.M. answered
By entering into a guarantee agreement you are promising the bank that you will pay the amount due to the bank in case of the default of the principal borrower. That means your liability is coextensive with that of the borrower. The bank is at liberty either to proceed against you or the borrower to realise its dues. This is the law. In your case, since there is a clear case of intentional cheating, you can file a criminal complaint for cheating as against the borrower. But your liability with the bank will still stand. You may find the person's address and aid the bank in recovering the amount from him.

Q: How to file a petition for appointment of judge

I HAVE FILED A PETTITION IN RENT CONTROL COURT TRIVANDRUM FOR THE EVICTION OF MY TENANT IN MAY 2017. FOR THE LAST ONE YEAR THERE IS NO JUDGE IN THE COURT.HUNDREDS OF PETTITIONS ARE PILED UP WITHOUT BEING TAKEN UP FOR HEARING.SO I PROPOSE TO FILE A PILIN SUPREME COURT SEEKING IMMEDIATE APPOINTMENT OF JUDGE.IS IT FEASIBLE AND EFFECTIVE. IF SO APPROXIMATE COST OF THE SAME

Advocate Murugan E.M. answered
Filin PIL is not your remedy. You can approach the Honourable High Court seeking early disposal of your case. Even though there is no judge on the court, there will be a court having charge over the jurisdiction. Therefore the said court can consider the cases which are urgent and requires urgent orders. Therefore a direction from the High Court to the concerned court having charge will alleviate your grievance.

Q: How can I claim money from a person who owes it to me

Good evening. I'm a doctor at a reputed medical college & only recently resigned. My question is regarding an issue that happened on an unofficial tour we went with some staff from the hospital. One of the technicians broke my phone and did not repair it. So i repaired it and told her to pay for the repairs. I gave her a discount of 30% on the total repair work yet she is only ready to pay 50% of the amount and that too over 7 months so she can avoid once I move from here. Do I have any options of claiming my money back?

Advocate Murugan E.M. answered
Of course, you have a remedy under the civil law to get damages for the loss suffered by you at the hands of another. Since the liability is tortuous, the burden will be n you to prove that the loss has occurred due to the action of the other. Therefore essentially you will have to prove that the loss occurred due to the action of the other. If you are able to prove the same you are entitled to get damages.

Q: Bank sending revenue recovery notice for delay in education loan

Sir, My sister had a educational loan(amount of 2.65L) for studying Bsc.Nursing from SIB.and after that she got her job as trainee and she paid 1.65L ruppes within a period of 2 years. After that she got married and went to pregnancy. So that she made a gap for paying the loan. The manager of that time send us a revenue recovery notice for delaying the repayment. But we didn't pledge any of our property to the bank. Now I am facing problems for my future studies. Because any of the nationalised bank doesn't giving me a loan for education. Due to sibilling loan. Can a bank send RR notice for delaying educational loan repayment. They call us for adalat. But before that they send the RR notice. Please give me any legal advice related to this ASAP. Now she applied for elrs program of govt. But my question is can they send RR over educational loan?

Advocate Murugan E.M. answered
Education loan is similar to any other conventional loan but for the difference that there is no collateral security and further that there is an initial sleeping period when repayment need not be made. Some education loan account are eligible for central and state subsidies also if repayments are properly made. After the sleeping period, repayments are to be made on a regular basis. Since there is no collateral security bank can initiate Revenue recovery proceedings against the defaulter when the account is classified Non-performing. It will be advisable to avail the benefit of settlement through adalath as the bank can waive penal interest and other charges if settled through adalath. Contact directly for any further assistance.

Q: Revenue recovery notice as non repayment of educational loan

Sir, I took an education loan of RS 400000 in 2010 for my studies, Till now I am not able to repay because of getting a job, Now bank authority send for revenue recovery what's the solution for this..?

Advocate Murugan E.M. answered
Education loan usually has a lock-in period. After that, you are liable to make repayment. You can either approach the honourable high court and seek for instalments to repay the entire amount or can prefer an appeal against the revenue recovery proceedings if you have any substantial case in your favour.