Anonymous
Asked March 14, 2019

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  • 4 Answers
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I borrowed some money from my friend for doing business.But now the investment in business got fully crashed.And now he is asking for the money which he invested.But i don't have that much money to give in todays condition.I told him like you need to give me some time for the repayment ,but he is not waiting.I have some property with me and some shares that totally comes to his amount ,but he is not ok with that he is like he need cash itself.Is there any legal help for settle this case.

Answers 4

its  a matter of mutual settlement between you and your friend,

i advise you to,

if property and shares value is same as the borrowed amount, why didn't you sold them and return the borrowed amount to your friend in cash  

Agree Comment 0 Agrees 2 months ago

Dear Sir,

Get issue a legal notice to him seeking some time from him and warn him that he makes any issues which are criminal in nature they you will take criminal action against him. Ask him to file civil suit, it takes 2-3 years to complete the process. 

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 ICCI Bank Limited vs. Prakash Kaur case,

 

The Supreme Court in a landmark judgement  reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.       "We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.       The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.       It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.       The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.       According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.       Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."       "RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.       RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.       ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."       "The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.       The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.       Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.       The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.

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Agree Comment 0 Agrees 2 months ago
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How he had given your money ,By cash or by cheque? any agreement or any documentation is made between you two?

Agree Comment 0 Agrees 2 months ago

If there a written agreement for borrowing and lending money then there is no other option but to return back the money to your friend as per the terms of the agreement. Further, if there is no written agreement but the transactions is by way of electronic transfer or through cheque then also the lender can initiate action against you for not returning back the money borrowed from him. If the entire exchange of money has been solely in cash then there is nothing much the lender can do to recover his money from you, legally.

Agree Comment 0 Agrees 2 months ago
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