Advocate Shekhar Raj Sharma

Questions Answered by Advocate Shekhar Raj Sharma

Q: What are the possible action which a foreign bank take against Indian

I have credit debt in UAE. It's almost 200,000 AED. When i was in sick leave in india my company terminated me due to long leave. So that time i was not able to pay EMI. I used that money for my mother's medical treatment. Now iam not able to pay that money and i really don't want to go back to UAE. Because bank already filed a case against me in UAE. Now after 7 months the banks recover agents in india came to my house and abusing with such a bad language. And they are threatening me that they will case file in india and arrest me and they will surrender to UAE police. I really fed up with my life due to these collection agents harassment. Please any one help me to solve this problem. 1. UAE Banks can take any legal action against in India? 2. Indian recovery agents can take Legal action in India? 3. Can UAE Banks can issue arrest warrant in India through Indian Embassy? 4. How to handle these collection agents

Advocate Shekhar Raj Sharma answered
The bank's can always take recourse of legal means to recover their money if you have failed to repay it on time as per the agreement. The bank's cannot use coercive means to seek repayments. there is a procedure. If the bank is using muscle men then complain to the Local police. I would suggest you to mediate the issue with UAE bank through email and sort out.

Q: Recognizing liability on ipso facto matters out of an agreemet

Sir, Kindly advise on the following: In a loan sanction letter/loan agreement letter it is written that- Repayment will commence in following manner in case of purchase/acquisition of built up house three months after the month in which the first disbursement is made. The question is; w.r.t a home loan the EMI is the scheduled repayments and it consists of two elements i.e interest and a portion of principal loan amount. Please confirm whether bank is entitled to levy monthly interest for the first three months as per this agreement. Is it ipso facto to be understood that bank is entitled to levy interest for that period even if it is written on the agreement? Is there any sense in saying that aforesaid period was moratorium period? How a moratorium period applies to a home loan meant to purchase a ready built house where loan sanctioned at one lumpsum? Can it be challenged in the court of law?

Advocate Shekhar Raj Sharma answered
The bank will start the interest from the day the disbursement is made. The first three months interest can be levied or not, for that I will have to read your terms and condition. Check your calculations and talk to the bank and seek clarification.

Q: Clearance cheque lost by Bank how to proceed against bank legally

I had dropped one cheque for clearance at HDFC of Rs. 10lakh. When i did not got an update on the clearance notification, i contacted branch for the status.My home branch and the drop box where the cheque was dropped were the same. As per them they had no entry of such cheque & hence not received. However when i insisted them to check on the camera recording, they found the clipping where i had gone to the bank to drop the mentioned cheque. In such scenario can any action be taken.

Advocate Shekhar Raj Sharma answered
These issue are coming up very frequently where the banks are negligently loosing cheques of client's. I would advise you to ask your issuer to issue you a new cheque and cancel the old cheque as stop payment. Else ask your issuer to transfer the 10 lacs to your bank account electronically

Q: Admission of ST candidate in his category seat if he is in merit

Present Situation: There are 4 seats (2Gen, 1 SC, 1ST) Seats allocated according to the respective candidate gen candidate- Gen seat ST Candidate- Gen seat (merit) SC candidate - SC seat Gen Candidate - Waiting Rank of SC candidate is unknown. Vacant 1 ST seats are transferred into other discipline before admission. Can a ST student take admission through his quota so as to give benefit to the General Candidate? When these vacant seats are allowed to transfer to some other discipline? Before or after admission of all candidate.

Advocate Shekhar Raj Sharma answered
There are many judgements on this issue I would suggest you to talk to your department where you are pursuing. Else to seek clarification on such issues, usually people file Writ in High Court. I would suggest you to give a representation to that effect to your concerned department and wait for a response. There are rules which they will follow.

Q: How to know the case status of an SLP

Status of the case: Secretary,  SLP-Service Matter

Advocate Shekhar Raj Sharma answered
to know a case status of your SLP in SC please login to http://www.sci.nic.in/case-status Once you have clicked the link I have mentioned follow the steps by entering your SLP no and year. You will get the details of your case.