Bank Took An Ex-parte Decree Fraudulently | Vkeel - Free Legal Advice

******h

Mumbai

1) I have a dispute with the bank so I stopped paying the Credit card bill... 2) Bank kept their recovery activities on. The amount is not big and I can pay it but I wanted to expose the bank's malpractices so I blocked it. 3) During lockdown they sent me a mail mentioning court case number which says they have an abitration decree ex-parte. 4) I have proof of updating my address on paper 4 times but bank wont update it. 5) Sending the legal notice to last address and making sure I don't receive, they took Ex-parte order. Infact they regularly sent me the recovery emails while the case was on but never mentioned about the case. I kept on replying via mail that I will respond in the court itself. Insipte of this they fraudulently kept me away from the case. Question. 1) What are my options. 2) Can I have a fresh trial all over again. 3) Can I file a fraud case now in return. I am not a lawyer but did some online research to make sure I know something before hiring. Please help.

Expert's Answers(2)

Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Court can orders for setting aside the exparte decree subject to payments of a fraction of the decretal amounts. Fraud Case Will not permit for fresh trial of the case. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

February 18, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

In Emars Mining and Construction Pvt. Ltd. v. Manjunath Hebbar, it was held that the court it possesses the power to set aside ex parte decrees if they are proved to have been obtained on the basis of fraud or abuse of the process of the court. So your decree can be left apart if your innocence is proven. if you find this helpful, please rate us.

February 18, 2021