I have debt in UAE which I cannot complete as I have used that money for my mother’s treatement, now the recovery agents are behind me and keep harassing and threatening me, What can be done about this? Can they take legal action against me In India?


UAE Banks can take any legal action against an Indian , yes they can file a fresh case in India. However, if the loan agreement is subject to UAE law, then the case cannot be filed in India. But the bank can always file a criminal complaint against you in India if a cheating/ fraud case is made out against you.

Indian recovery agents cannot take Legal action in India , the supreme court of India has issued strict guidelines against such agents. You can take legal action against them

Legal Remedies available to defaulter in the case of harassment by recovery agents: Filing a complaint at the police station: A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.

A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. It should be possible to guarantee that bank authorities and recovery agents don’t visit a person’s home to recover the dues.

UAE Banks can issue arrest warrant in India through Indian Embassy,This may be possible. India and UAE have mutual assistance agreement. But it all depends on the facts of the case. You can always seek protection of court against extradition on unfair grounds.

The bank’s can always take recourse of legal means to recover their money if you have failed to repay it on time as per the agreement. The bank’s cannot use coercive means to seek repayments. there is a procedure. If the bank is using muscle men then complain to the Local police. I would suggest you to mediate the issue with UAE bank through email and sort out.

Reference: Section 34 in The Specific Relief Act, 1963
Discretion of court as to declaration of status or right.ÑAny person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. – 202100264-20210042-2691 –


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