Claim of bank would be barred by limitation if suit for recovery of loan was not filed within period of 3 years of default by the govt teacher
A government teacher has defaulted a bank loan. Bank has not obtained AOD also. The agreement limitation time is 2007. Can the nationalised bank as the government to stop payment of salary of the defaulter? Whether suit filed against the defaulter will deem to to be valid?
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Claim of bank would be barred by limitation if suit for recovery of loan was not filed within period of 3 years of default by the govt teacher
I know claim will be barred, but are there any loopholes?
The suit for recovery of loan is barred by limitation. So the suit filed by the bank is not valid. If the bank has document to prove the continuity of debt signed by the defaulter then they can over come the limitation.
1) if suit is not maintainable bank would not be able to recover the loan
2) i presume you have not issued any blank cheques
3) i further presume you have not signed any aundated acknowledgment of liability
Whether a government teacher or any ordinary customer, the bank has to initiate recovery process as per law.
If the government employee has defaulted the loan repayment, then the bank has to first file a recovery suit, get a decree in its favor and then initiate execution petition for recovery through garnishee i.e,.through the employer of the teacher to recover the same from the teacher's salary.
I know claim will be barred, but are there any loopholes?
If the claim is barred by limitation then the bank may first issue a legal demand notice to the teacher.
If the teacher acknowledges the loan and requests for time to repay, then the fresh limitation starts from the date of such acknowledgement.
Can the bank appeal to the court that staff lapse has happened from its part, hence to pardon the Acknowledgement of debt?
court would consider only legal position that claim is barred by limitation
2) it would not consider negligence of bank employee and hence condone delay in filing recovery suit
Can the bank appeal to the court that staff lapse has happened from its part, hence to pardon the Acknowledgement of debt?
There is no provision in law for this and court will not entertain any such case which is illegal or contrary to law.