• Filing case in DRT by bank

Hi.

Would like to know if the bank are liable under limitation act for filing case against defaulter in DRT case.

What is the time frame to file after NP.

Case is been filed in DRT Bangalore after 10 years by bank. Defaulter was unable to pay any installation due huge losses. Constantly been reported to bank about losses. Bank intention was just increase the interest and take over security/collateral. 

What would be course of action by court.

Will the court dismiss the case filled by bank??
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Bank ought to have filed case within period of 3 years of non payment of dues by borrower 

 

take the plea that claim is barred by limitation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

if im not mistaken the bank has to file the case in DRT within the limitation period since SARFAESI Act has not barred the application of other laws. Therefore recovery of debts due to banks and financial institutions act will apply in which there is a specific provision [dont remember off hand] which states that if the recovery proceedings are filed beyond the limitation period then the bank's case is liable to be dismissed

in short SARFAESI Act does not bar the provision of the RDB Act in so far as there is no inconsistency between the two acts

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

If the 3 consecutive installments are defaulted the loan will become npa. The bank will issue a notice under 13(2) of SARFAESI Act to clear the amount within 60 days. 

Yes if DRT finds merit then it will. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the loan is barred by limitation i.e., more than three  years without an acknowledgment of loan or repayment  of part loan or even interest within four years preceding the date of filing the application before DRT, then you can fight it out on the basis of limitation. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) In case of interest payments, banks should, classify an account as NPA only if the interest due and charged during any quarter is not serviced fully within 90 days from the end of the quarter.

 

2) Bank will restructure loan only once 

 

3) bank can exercise right of lien and adjust money lying in saving bank account . 

 

4) it means DRT would not condone delay in filing appeal 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  As per the Prudential Norms for Agricultural Advances granted for agricultural purposes are treated as NPA where interest and/or installment of principal remain unpaid after it has become due for two harvest seasons but for a period not exceeding two half years.

A loan granted for short duration crops will be treated as NPA, if the installment of principal or interest thereon remains overdue for two crop seasons. A loan granted for long duration crops will be treated as NPA, if the installment of principal or interest thereon remains overdue for one crop season.

2. Banks should work out the restructuring package and implement the same within a maximum period of 60 days from date of receipt of requests. No time limit has been prescribed. No time limit has been prescribed.

You can apply for restructuring only once.

3. Banks have devised a clever way of ensuring that customers clear credit card dues and repay loans on time. If you default for several months, the bank can deduct money from your savings accounts or refuse to pay money from the fixed deposit when it matures.

What they are doing is perfectly legal.

In fact, they have your permission to do so. You don’t remember giving it, do you? But you did when you signed on the dotted line while availing of the loan or the credit card and accepted the terms and conditions (T&C).
4. As per the Prudential Norms for Agricultural Advances granted for agricultural purposes are treated as NPA where interest and/or installment of principal remain unpaid after it has become due for two harvest seasons but for a period not exceeding two half years.

Farmers involved in setting up vegetable farms and orchards can apply for a horticultural loan which not only allows them to meet the cost of managing such type of farms, but also helps in meeting the expenses related to other horticulture activities such as clearing wild trees, setting up fence, etc.

5. DRT can’t apply Sec 5 of the Limitation Act, 1963, and condone the delay in filing an appeal against the order of Recovery Officer. Section 5 of the Limitation Act shall not apply to an appeal against the order of the Recovery Officer.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Sarfaesi Act is not applicable for agricultural land. 

It's exempted

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. By giving a reply to their notice the borrower acknowledged the loan and the bank has taken action within 3 years of the acknowledgement hence it can be considered as action taken within the time limit. 

2. You can visit my opinion rendered in the previous post of same thread for clarification. 

3. The time frame will be the one stipulated in the notice itself. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) claim of bank is barred by limitation 

 

2)there is no time frame to filing case after issue of notice 

 

3) Agriculture land cannot be proceeded for recovery of loan. In case the agriculture land was mortgaged then only it can be auctioned otherwise the agriculture land cannot be auctioned by the bank.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It's totally excluded

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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