RE: LEGAL OPINION REGARDING DEPOSITION OF RECOVERED AMOUNT IN A SUBJUDICE ACCOUNT.
We refer to your letter dated 01.03.2007 on the above subject matter. We have perused the queries referred to us and our comments in this regard are as follows:
Query Nos. 1:
With reference to your queries it may be advisable that if any amount that is received by the bank is deposited to any sub judice account, it may not hamper/affect the merit of the case, as there is no such legal bar/restriction. In any pending Civil Suit the amount received during the continuation of the trial can be deposited to the account in question. This will however affect the original amount claimed by the Bank under the Money Suit as the original claimed amount would be reduced depending upon the amount deposited. Later the bank needs to plaint amend the original claim made under the Money Suit against this account and will adjust the balance, depending upon the deposited amount.
Normally in pending criminal cases there are no restriction to deposit the amount received in any sub judice account. However in criminal cases that are compound in nature (i.e. offence under S.138 of the Negotiable Instruments Act 1881) the merit of the case may be hindered depending upon the judgment as the default borrower might be able to negotiate to be released after reimbursing all the payments.
Should you require any further assistance, please contact the undersigned.
For: “The Lawyers & Jurists”