Running away from any problem doesn’t solve it my friend.. approach a good lawyer in the UAE for advice.. if you need help, I can suggest to you a few good banking lawyers in Dubai/ Abu-Dhabi..

Look for a solution and try to solve things amicably if possible, and if not, then through the legal remedies available to you..

In your case, Indian courts do not have the jurisdiction.. The most you can do here is to seek protection from recovery agents harassing you here.. However, in as far as the criminal matters of cheque bouncing and the civil bank recovery suit is concerned, you would have to contest the same there..

Please do not worry and don’t run away from the problem..face it.

Regards

Prerak

Thanks Prerak…

If I don’t fight in UAE court and as you know I am not in the position to pay the outstanding amount… then what will be the consequences?

Expecting detailed reply.

Hi,

The action they are threatening you under is that under the Extradition Act of 1962. Basically, in such matters the offenders are handed over to the country where the offence was committed i.e. the requesting country.. you may check this link for more reading.

“http://cbi.nic.in/interpol/extradition.php”

Interpol and red notice being issued for a cheque bouncing offence seems unlikely. I doubt if that is even a part of our extradition treaty with the UAE.

First of all, an issue lies in whether your act is criminally punishable in the UAE. I have even heard recently that the UAE is decriminilizing cheque bounce matters. Check this link.

“http://www.thenational.ae/news/uae-news/bouncing-loan-cheques-in-the-uae-no-longer-a-crime”

Incase the matter is civil, a civil court judgement would be treated as a ‘foreign judgment’ as defined in the CPC and dealt with accordingly. Incase of a criminal matter, if it is an offence, you may have to go through section 4, section `188 CrPC and the allied laws for better understanding of the matter.

I apologize for not being able to give you any detailed opinion as time would not permit me to spend that much of it pro-bono. You may drop in a mail at (prerakchoudhary[at-the-rate-of]gmail[dot]com) incase you need professional advice and services. In that case, we would seek help from our UAE counterparts and formulate a detailed opinion on the subject for you.

As for the platform, on a personal level , again, I suggest you face the trials.. approach a good banking lawyer from the Gulf.. there is absolutely no harm contesting a matter if you are on the right side. You are not a wilful defaulter so there should not be any hesitation on your part to say so before the Hon’ble Arabian fora. You could consider some aspects of the insolvency law incase you are absolutely unable to pay. I don’t see any reason trying to run away from one place and seeking refuge in another on grounds of morality. I would personally suggest you stand on the path of truth and face the prosecution there with the help of a good lawyer..

In any case, professionally you are free to approach us or any other good lawyer/ law firm in India or the UAE and you have all the right to know the law and its application to your case.

Regards,

Prerak

There is nothing like cheque bouncing case in UAE; because there is no act like Negotiable Instruments Act as we have in India; any cheque issued by you be it for security purpose or whatever, if the same has been presented and bounced for insufficiency of money, it is presumed that you have issued a cheque without there being balance in the account which amounts to cheating. Even in India, cheque given by you gets returned unpaid, apart from case u/s 138 of NI Act, case under IPC/CrPC can also be booked. Hence one must always be careful in issuing cheques, having issued, one must keep track of the same. Now coming to your UAE cheques issued as security purpose or whatever, the fact remains is that you have availed Rs.90 lakhs equivalent UAE Dh used up and such money unless used up by you for meeting regular expenses, would have been put to buy some asset like car, home etc. In such a case you may dispose of that asset and discharge the amount to whatever extent that is possible. Remaining amount, you work out a plan of action how you could mop resources to match that. If you are able to mop up, you may write the same and try to honorably settle the same; if not any fate-accompli situation. For having used up someone’s money be it in India or anywhere in the world, you may have to be prepared for consequences should a situation arise where you are caught in the wrong foot. Until such time sit pretty in India, since there is no agreement between India and UAE for extradition of criminal between the two countries. Until you are tried and proved guilty you are accused and we in India have a property justice system, in UAE the whole system runs on summary trial basis and the judge will decide based on merits provided you are produced before him. So donot get produced before him by sitting pretty in India until such time you feel you could mop up your resources sufficient enough to discharge the amount that you think you would have used up and came back to India.

I have an unpaid personal loan in UAE amount AED 100,000/=

The collection agents in India are calling and threatening me, they going to file case in UAE in 304 and judgment they will give to UAE embassy in Indian they are ban me in Indian airports. That means cannot fly out of India.

Please help m to know the solution

Hi Subeesh

Be relaxed and cool. For any issues based in UAE, except for criminal and terror activities no action can be executed in India. If UAE court issues a verdict depending on the intensity of case the same would be passed on to other GCC countries so travelling through those makes it difficult, and it all depends. No travel ban is applicable in India.

The debt collection or follow up agents are not authorized to harass, humiliate or collection of funds. Next time a similar situation is encountered it should be stated in firm and bold manner that any issues shall be dealt with bank directly. Even if further actions persists register a complaint with police or such authorities.

This resolution shouldn’t be taken for granted and lesson needs to be learnt that “banks are indulged in creating slaves of debt” be cautious while dealing with them.

[…]

Dear bro.

I have unpaid loan and credit cards in UAE and now I am in India. Let me know if there is any problem I will face in India.

Will there be any case against me in India.

looking forward.

Regards

Pavan

Dear Friend , i have the same case , and I would request you to please advice me some good lawyers name in Dubai to settle my outstanding debt…

my email id is […]

Awaiting your reply to help me dear ..

Hi, I am facing the same problem… i was run one private limited company in Delhi and that time we are 4 directors in this company. due to some disputes with all partner company was closed without settling the payment part. 2 overseas agents (TAIWAN & HONG KONG agents) payment was pending in this company around INR. 32 LAKHS and they have send our details to their lawyer in Dubai. Now i am getting the regular email from UAE lawyer to pay the outstanding payments to our overseas agent otherwise they will send us the legal notice along with travel ban… I was speak with my other partners for settling the payment to agents but nobody is answering anything…

I request you to pls. give me the advise how to solve this problem…

My email id is (rajendersrawat[at-the-rate-of]hotmail[dot]com)

Respected Sir,

I was working in UAE and had to come back to India due to job loss three months ago

I had used 4 credit cards, all sum together 7lakh Indian Rupees.

I was paying regularly when I was in UAE.

Now, as I am in India, I have been unable to pay this. UAE banks are sending E-mails and insisting for payment and have tried to encash the security cheque, it bounced.

Now they are giving warning that they will file a cheque bounce case against me in UAE(I had signed security cheques at the time of availing credit).

Their collection agents in India are also calling me and threatening me to pay it back or else I will be arrested in India and send back to UAE..

I don’t wish to go back to UAE and want to settle it in India but need some time to repay it and will not be able to fully might be about 5lakh.

This will be done through an arrangement i have made with couple of family friends and relatives.

Kindly advise me what will happen if pay or if i don’t pay only if i am not able to generate the cash

Thank you with regards

Nithyanand

[…]

i have debt around Aed 30000 in uae and I left the job from uae and joined in other Gcc country. I made default payment of 4 months after that I am paying minimum amount every month. But these payments only consider as interest and they are increasing the outstanding payment by adding late payment fee and other charges.

I am planning to clear the outstanding within 2 months time. Please advise if I am not paying for 2 months payment whether they can make arrest or travel ban in Gcc airport. They are threatening like that

Dear Subin,

What is your present status in this unpaid loan case of UAE …

I am also facing the same issue having a loan balance near 80000 eighty thousand..

Pls advice

The same issue for me prerak. They are calling me now and then and harassing me. I was affected too much by the recent Chennai Floods and even then i am trying to close it, but they are harassing me personally and saying that they will call my family members and call the HR of the company where i work and will make me loose the job.

Can you please advise me on what i can do?

Regards,

Sreejith Padmanabhan

Dear all,

TO all defaulters, who has somehow defaulted the bank loan amount intentionally or unitentionally. As per a new treaty between UAE and India a law has been passed and has been active from 18th Jan, 2019.

Check the link ” khaleejtimes.com/uae/dubai/uae-law-can-catch-up-with-you-in-india ”, now the better solution will be to settle it down with the bank as you will be eligible for good discount/waiver from the bank as you will be marked as skip. You can even co-operate with the agency they will help you settle with the discount amount as they will earn there comission as well. Aboce all don’t piss them off or else they will start coming after your family or office colleagues.

Hi Rajendra,

You don’t have to worry as far as they don’t have any documents regarding that you owe money to them, if they have a document which state they owe money to the company then all of the previous partners has to be present in the court.

Go and complain about the email to any UAE police station stating that they are threatening you, as your business was back in India and they are not authorized to recover it here in UAE. Best would be simply ignore them

my name is munaf and i am stuck in india since five month because of covid 19 and was not able to pay my credit cards so can i get any help to clear or settle my loans

@HIMALAY what is ur current situation.. Are they still troubling you

@AnonymousLLB what is ur current situation Nithyanand ?

Yes i am still in trouble

yes i am still in trouble

Were can i get financial help

@munaf Hi Munaf..i am also facing same situation…have your bank presented the cheque for clearance .what are they saying.