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NAYANMONI KALITA   08 April 2023

Npa and genuine defaulter

one of my friend took an unsecured CC loan amount to INR 5 lacs from IDBI bank way back in May 2017. subsequently the bank enhanced another 5 lacs June 2018 due to good repaying record.everything was fine till june 04 , 2019 when two of the family members suffered health issues causing one of them paralysis due to brain stroke. now on 08th September 2022 bank has filed recovery suit against them. they are not wilful defaulter as they paid interest till July 2019 and they have a genuine cause to show it. is this suit can be won against the bank? Is this suit a time barred one?( Bank forged the second sanction letter and we have three call records to prove it)



Learning

 2 Replies

Dr J C Vashista (Advocate)     09 April 2023

No, your case is very weak against Bank case.

The bank has adequate records duly executed by you / borrower to bring it within limitation.

T. Kalaiselvan, Advocate (Advocate)     09 April 2023

If the borrower deaulted in repayment of loan or not paid the loan interest then the lender bank will take legalaction to recover its dues, there is nothing illegal and the borrower is liable to repay the same along with ipenal nterest over the defaulted amount


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