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Court Summons for Loan Recovery – Unable to Attend Kolkata Hearing


04-Aug-2026 (In Recovery Law)
I have received a court summons under the Payment and Settlement Systems Act in a loan recovery matter. The first hearing is on 20 August 2026 before a court in Kolkata, but I reside in Uttar Pradesh and am unable to travel. I have already been requesting a One-Time Settlement from the lender through email. What are my legal options if I cannot attend the first hearing? Can I seek exemption from personal appearance or take any other step without travelling? I have copie
Answers (2)

Answer #1
664 votes
Since you have received a court summons, you should not ignore the proceedings. If you are unable to travel to Kolkata, you may engage an advocate to appear on your behalf and, where permissible, file an application seeking exemption from personal appearance or request permission for virtual appearance, depending on the nature of the proceedings and the court's discretion. As you are already pursuing a One-Time Settlement (OTS), keep all email communications and settlement proposals on record. If the lender is willing to settle, the court can be informed accordingly. The summons and case documents should be examined to determine the most appropriate legal course of action and avoid any adverse order.
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Answer #2
678 votes
To address the summons without traveling to Kolkata, you can engage a local advocate there to represent you at the hearing on August 20, 2026. Your lawyer can file an application for exemption from personal appearance under Section 205 or Section 317 of the CrPC, citing the significant geographic distance and your personal constraints. You can also request the court's permission to attend virtually via video conferencing. Furthermore, instruct your counsel to inform the court of your ongoing One-Time Settlement (OTS) negotiations with the lender, requesting an adjournment or a referral to Lok Adalat to settle the matter amicably.
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