Bank Flouting Rules

[Legal Fighter]

Sir- I have filed a case against bank for forgery of my signature on a loan application. The case is in consumer court. But bank manager is not willing to listen. He says he will send recovery agents if emi is not paid. This loan was disbursed on my forged signature. When the bank has been made party to forgery in court case, how can they send recovery agents? The manager is saying that for the bank the disbursed loan amount is paramount and will do everything on earth to recover it. They have not served any auction notice from DRT. What are my options?

[Dr. Ashok Dhamija]

You should obtain interim order / interim injunction from the concerned court against the action of the bank. Merely filing a case may not restrain a bank from proceeding further for recovery of loan. You may need interim order / stay from the court to restrain the bank from forcibly recovering the loan amount. If you can convince the court that loan was not obtained by you but by someone else by forging your signature, there is a reasonable likelihood of the court issuing an interim order in your favour, more so since you have made the bank a party.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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