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Anonyms User ( )     11 November 2023

Noc for defaulted loan

Hi Everyone,

I had a Joint ownership flat with my estranged husband who had kept the flat in his possession for 4 years without paying any home loan EMIs.. During these years my husband had stopped taking any calls from the bank or me.. so bank people were pressurizing me to pay the EMI as I was the co-owner and loan applicant .. I do not have means to pay the amount so I repetitively requested bank to initiate the SARFEASI action but they did so after years of delay.. Later Bank sold the flat at lesser price and filed case in DRT to recover interest accumulated over years and differential loan amount which is 40+ lakhs eventhough the differential loan amount was just 7 lakhs and rest was interest accumulated over years (due to delay in their action).. Paying 7 lakhs is very difficult for me.. 30+ lakhs of interest is beyond thinkable for me and their harassment was too much for me to take in.. so I stopped responding to bank calls .. Recently I came to know that DRT has disposed the case with below comments :

"As applicant bank did not take any steps to prosecute the case diligently, despite posting the matter peremptorily for processing PA and OD and even after disallowing interest for defaulted period, TA stands dismissed for default and non-prosecution, however without costs." 

Could anyone please help me confirm if this mean I am not liable to pay any amount to bank against the accumulated interest ? Is there a way I can get some letter from bank that all dues are cleared ? if yes how can I get such letter ? 

 

Thanks in advance



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2023

The order passed by the court is against the bank alone. 

The court has not absolved you from the liability. 

It has dismissed the case for default or for the bank not taking any steps properly to prosecute. 

By this the bank can file a petition to restore the same anytime. 

Dr. J C Vashista (Advocate )     12 November 2023

Very well analysed, opined and advised by learned expert Mr. T Kalaiselvan. I agree and appreciate.

T. Kalaiselvan, Advocate (Advocate)     13 November 2023

Dear vashista Sir, thank you very much for your appreciations

Anonyms User ( )     20 November 2023

Thank you for explaining..

If there a time limit whitin which bank can file petition or Bank can again take years to take action ?   

Thanks in advance

Dr. J C Vashista (Advocate )     20 November 2023

Although time for restoration of the suit is 30 days, however, delay in filing application for filing such application (if any) can be condoned by the Court, if explained properly.

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