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robin chatterjee (Lawyer)     28 September 2013

Debt recovery

Account holder applied for foreclosure of account.Bank delayed in responding back. Account holder sent a legal notice.Matter in DRT. Tribunal ordered the account holder to pay back principal amount +interest. My question is..how can the tribunal order payment of interest when the delay was committed by bank in responding to the foreclosure request...Please suggest me any judgments of High Courts or Supreme Court in which such interest was held to be unreasonable...



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 4 Replies

adv.raghavan (Advocate,9444674980)     28 September 2013

if your client is so sure that the bank has committed mistake, then why he did not refer all those points in DRT,at the time of filing petition to stay bank proceedings. If the TRIBUNAL had heard your side arguments,inspite of that if Drt had asked YOUR client to pay full amount along with interest, then u can prefer appeal in DRAT,with all the valid points u have. 

robin chatterjee (Lawyer)     30 September 2013

In the DRT judgment the tribunal itself has acknowledged that the bank's conduct (delay) was inappropriate..but even then the tribunal imposed on us interest..i am searching for a judgment (HC or SC) in which it is clearly mentioned that if bank is at fault then no interest can be levied upon the other party....can you help me with it?

adv.raghavan (Advocate,9444674980)     30 September 2013

kindly make a appeal against the said order in DRAT, under section 18 of the said act,they will try to reduce the amt considerably, if not or on rejection of your plaint, make a representation to highcout, i am sure there u will get necessary orders positively. i am sure u have good grounds for appeal in HIGHCOURT.

robin chatterjee (Lawyer)     30 September 2013

thanks for your advice..


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