1. Is bank eligible to get my mobile number from third party as reference without my knowledge as I haven't provided my details to Kotak Mahindra Bank at any point.

Whether the bank got it through anyone is not a matter of concern, the call by the SI and the lawyer from some other place asking you to pay the amount within an hour is absolutely illegal, unlawful and wrongful act.

Firstly the SI has got no power to transfer the warrant issue by court to some other place from his jurisdiction, he can send it back to court stating that the accused is not residing within the police station limits under which he is deployed. further the lawyer has no power to cancel the warrant issued by court and any warrant not issued by court is not valid and just a fake document meant to cheat and threaten people.

2. Can a case be lodge against me, though I don't have anything to do with the loan.

As a matter of fact no case can be registered even against your husband at this stage because it is barred by limitation. As it is no case can be lodged against you since you are no where related to the matter.

3. If the warrant has been issued and the police comes to arrest me, how should I deal with this situation.

No warrant can be issued outstation persons by the police, the court may direct the concerned police station of your state or city in this regard but before that the accused shall be summoned and only on his refusal that the court shall proceed to issue warrant agaisnt him, so therefore there is a lot of procedures to be followed before making an arrest.

4. Can I lodge a complaint against the bank under privacy violation as I never share my number with them and for the harassment I got in the form of telephone call by the lawyer for settlement of pending amount.

You can lodge a complaint agaisnt that SI and the lawyer for making threatening calls and no case is maintainable agaisnt the bank because you cannot ascertain that the bank only has intimidated you.

I was informed that notice we served to the address the mentioned address in the loan but my husband wasn't residing in the city for past 10 year. But to serve the warrant they got the correct address.Please help me how to get out of this dilema as we settle the amount with the bank but we are no sure where stand with the warrant

This type of gimmicks are routine for such collection agents.

In fact it would not have been a SI or a lawyer too.

This is the mischief of the collection agents who use the names of SI and lawyers.

If there is a call again, you collect their details and lodge a complaint against them with the local police or send them a legal notice instructing them to restrain themselves for indulging in such illegal acts.

You will not get any calls after that.

Dear Querist

My opinion on your queries are as under

1. Is bank eligible to get my mobile number from third party as reference without my knowledge as I haven't provided my details to Kotak Mahindra Bank at any point.

Opinion: no, bank can not, but they are not directly from bank, they are agency person or recovery agent who mid lead the people and threaten and recovery their money. For this call you may file a criminal complaint against them before court or police.

2. Can a case be lodge against me, though I don't have anything to do with the loan.

Opinion: no, no case can be filed against you by any means.

3. If the warrant has been issued and the police comes to arrest me, how should I deal with this situation.

Opinion: No, need to worry, they are only threaten to you and wants loan overdues return. If that sub inspector or lawyer call you again then asked them about the case no. And court who issue warrant, in which section the case has been registered, or give my no. As your lawyer.

4. Can I lodge a complaint against the bank under privacy violation as I never share my number with them and for the harassment I got in the form of telephone call by the lawyer for settlement of pending amount.

Opinion: he will be not a lawyer, he will be recovery officer. File a complaint against them.

No need to pay anything until and unless get all details.

Feel Free to Call

1) bank can obtain your details from third party to recover loan amount

2) loan taken by your husband is barred by limitation .

3) no suit for recovery of loan can be filed by bank

4) criminal complaint for cheating can be filed by bank

5) you should through lawyer apply to court which issued warrant for cancellation of warrant

6) warrant is only issued if in response to summons by court you have failed to appear in court

7) obtain copy of criminal complaint filed by bank

1) insisit on copy of complaint filed by the bank .

2) contact a local lawyer

3) necessary to see case papers to advise

1. A warrant, much less a NBW, gets issued only when the summons issued by the court to the defendant is dishonoured by him. If such summons was issued to your husband, which he did not honour, the warrant may indeed be issued against him by the court. However, if no summons was issued then it is most likely that the man who claimed to be a cop was actually an agent of the bank/financial institution who wanted to intimidate you to repay the loan. Banks pay a few hundred bucks to some agent and tell him to call up the borrower to threaten him that he is a sub-inspector who is holding a warrant of arrest against him. Do not fall into this trap. Engage a lawyer to find out whether a NBW has indeed been issued against you or not.

2. The banks have many ways and means to pull out the contact details of the borrowers from within and outside their database.