surety cheque bounce which given against home loan. case of the same.
06-Mar-2023 (In Cheque Bounce Law)
its home loan recovery case from banks end. which loan on flat but project is incompleted and stopped construction. Case already been in NCLT for resolution. but there are case against us in drt and same bank present the surely cheque of same loan and separately sued in section 138 id different area.
Firstly will need to understand the stage of the Case in NCLT. Secondly yes the bank can sue however will need to give a reply in 138 case stating all the facts.
If the moratorium period has started then 138 case and DRT case doesn't lie.
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dear friend
you stated that cheque is give you against the home loan but project is incomplete and stopped construction Case allredy pending before NCLT and surety cheque present . I advise to you move the quasing petition before the honeble high court against the sumining order .
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In this specific situation you must seek relief from the supreme court itself. The aggrieved party has to request the court to direct the bank to issue moratorium against the builder to complete the EMIs.
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