Personal loan unpaid
2 months ago
There is a ongoing case on my personal loan unpaid with kotak bank, current status of the case says "issue awm, if steps taken" And the next hearing is in August.. Kindly suggest what will happen and what can be done
A.Dear Client,
Order 38 Rule 5 of the Civil Procedure Code (CPC) provides the court with discretionary power to issue an attachment warrant of movable property before judgment. This extraordinary power is invoked when the plaintiff can establish prima facie that their claim is genuine, and there's a risk of the defendant disposing of property to hinder judgment execution. The purpose is to ensure that, if a decree is granted, it can be satisfied. This order aims to protect the plaintiff from potential harm caused by the defendant dealing with the property while the case is ongoing. As a defendant, it's crucial to comply with the court's order to avoid violating the attachment before judgment issued under Order 38 Rule 5 of CPC.
Order 38 Rule 5 of the Civil Procedure Code (CPC) provides the court with discretionary power to issue an attachment warrant of movable property before judgment. This extraordinary power is invoked when the plaintiff can establish prima facie that their claim is genuine, and there's a risk of the defendant disposing of property to hinder judgment execution. The purpose is to ensure that, if a decree is granted, it can be satisfied. This order aims to protect the plaintiff from potential harm caused by the defendant dealing with the property while the case is ongoing. As a defendant, it's crucial to comply with the court's order to avoid violating the attachment before judgment issued under Order 38 Rule 5 of CPC.
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A.In your question you are not mentioned, what was the loan amount and why currently you are not able to paid it. There are other very specific ways by even applying to the banking ombudsman and I am sure that you must have been harassed by the Kotak Mahindra Bank collection agencies and then you should have moved to the Consumer Court to put a reverse claim on Kotak Mahindra Bank for deficiency of services along with the evidence by the recovery team. More details are required so that we can stop the AWM issue and make sure that you do not keep any of the property in your name, you can keep the properties in your mother or father name and such way you can save yourself a lot of time but make sure that whenever you get the finances kindly clear off the bank payments on a honest note.
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A.Dear Client,
Order 38 Rule 5 of CPC is an extraordinary and discretionary power of the court under which a court can order for issue an attachment warrant of movable(AWM) property before judgment only when the plaintiff must establish prima facie that his claim is genuine and valid and that the defendant is about to remove or dispose of all or part of his property to prevent or delay the execution of any judgment. The primary reason for such an order of attachment before judgment is to satisfy the plaintiff that the decree if made, would be satisfied. The purpose of Order 38 Rule 5 is to safeguard the plaintiff from any damage caused by or likely to be caused by the defendant acquiring the suit property while the case is pending. Being a defendant in the suit, you should not do anything that violates the order of AWM passed by the Court under Order 38 Rule 5 of CPC. Otherwise, you have to face legal consequences for violation of the Court's order.
Order 38 Rule 5 of CPC is an extraordinary and discretionary power of the court under which a court can order for issue an attachment warrant of movable(AWM) property before judgment only when the plaintiff must establish prima facie that his claim is genuine and valid and that the defendant is about to remove or dispose of all or part of his property to prevent or delay the execution of any judgment. The primary reason for such an order of attachment before judgment is to satisfy the plaintiff that the decree if made, would be satisfied. The purpose of Order 38 Rule 5 is to safeguard the plaintiff from any damage caused by or likely to be caused by the defendant acquiring the suit property while the case is pending. Being a defendant in the suit, you should not do anything that violates the order of AWM passed by the Court under Order 38 Rule 5 of CPC. Otherwise, you have to face legal consequences for violation of the Court's order.
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