Approach court against bank’s harassment

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Approach court against bank’s harassment

Having stopped to repay a loan to a local bank here due to some arguments on charges, they got a guarantee cheque in my name bounced and filed a criminal case against me. The court fined me in this case. Now, the bank is threatening to file a civil case, as well. Will the court inform me about the hearing or after getting the judgement, will the police just arrest me? How may I prove that there are some valid reasons behind the default? The amount is small. Please, advise.

By Mushtaq Ahmad Jan

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Published: Tue 18 Sep 2012, 9:13 AM

Last updated: Tue 7 Apr 2015, 12:40 PM

The bank can file a civil case. However, in the civil case, the bank has to prove the claim amount. The court will inform you by sending you a summons and will provide you the opportunity to defend your statement. If the court finds that the bank charges are not in compliance with the applicable law, then, the court will not allow the bank to charge you any extra amount.

However, if the bank does not provide the court your correct contact details, then, the court will order to publish the summons in any Arabic newspaper. Thereafter, the court will give its verdict in absence. After obtaining the judgement, the bank is to apply for the execution of such judgement against you. After execution, if you do not pay the ordered amount, then, it will become a criminal offence; consequently, you may be arrested for not paying the amount. However, you will still have to dispute the order by depositing the amount in the state’s treasury with a note to defend your claims. The money will be kept in the state’s treasury until the court gives it verdict. In such an event, a retrial of the case will begin, and you will be given the opportunity to defend your claim.

Vacation salary

I joined a school in Dubai as a teacher on April 2012. When the school closed for summer holidays, the management said I am not eligible for vacation salary since I did not complete one year in service. But, this was not mentioned in my labour contract or job offer. Is this right? Please, advise.

The entire relationship between you and your school is governed by your employment contract. Since it is not mentioned in your employment contract, the school does not have any right to change the contract unilaterally and deduct your salary.

As a general principle, a contract is the law for the contracting parties. Therefore, all posts dealing between the parties will be subject to the terms and condition mentioned therein. Also, it is pertinent to note that as per the UAE Law, no single party has a right to amend or terminate any provision of the contract except with the mutual consent of the parties.

Entry visa

I got a job offer from a company here in the UAE. I even received my employment visa. My present employer in Saudi Arabia may raise some hurdles against my final exit. I want to take leave on exit-re-entry visa and want to join the UAE this way. I will travel to my home country in India and from there I will fly to the UAE. Will the immigration department in the UAE allow me to enter without cancelling my Saudi visa?

Your entry to the UAE will be entirely governed by the UAE visa. It does not have any connection with any other country visa. The immigration here in the UAE will only look into the visa issued by the UAE authority. Therefore, if your UAE visa is valid, then, you may enter the UAE any time.

Compiled by Ahmed Shaaban

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