Forceful closer of performing and running healthy msme unit by a public sector bank
Jyotirmoy Debnath
(Querist) 06 September 2015
This query is : Resolved
Please guide me on this following matter
1. We are a MSME unit manufacturing cotton sharees and dress materials for last 30 years.
2. Avail cc limit Rs. 5 lacs on 31/5/2000 and depending on performance the bank gradually extended the limit to Rs. 50 lacs as on 28/7/2008.
3. During April to December every year like Bengali new-year/ id/ puja/ Diwali/ x.mas etc. face peak production activity.
4. All were going fine, my unit was visited by so many bank officials/ auditors send by the bank during last 10 years.
5. Suddenly from 14/7/2009, the bank started to dishonour my issued cheques without any pre or post intimation to me in spite of having fund in our a/c. this sudden dishonouring of cheques of my valued/ reputed suppliers/ vendors had serious impact in the market. Although I immediately brought the matter to the bank through my letters Dt. 20/7/2009 and 30/7/2009 and 21/8/2009 onwards and appealed to the bank to look into the matter so that I can continue operation in the a/c and can do business during this peak festive seasons, but the bank preferred to be silent for the reason best known to them, not only that the bank also breach the terms of sanction letter charged interest much higher than the agreed rate of -0.50% of PLR i.e. 12.50%.
The bank tagged us as defaulter and termed it as an NPA before 90 days of closing the operations (operation closed by the bank) as a lifetime penalty imposed on the entrepreneur along with 30 innocent workers(10 years old untainted borrower for refusal to pay bribe to the auditor send by the DGM of the branch.
Is it a game that after mala fide silence for three years (when balance was low around 36 lacs.), now bank has recalled the advance by loading interest on that, even going to DRT? Is it not a case of murdering somebody and then wanting your money back with interest for the period till his murder?
Thanks
P. Venu
(Expert) 10 September 2015
Why you have kept silent so long?
Jyotirmoy Debnath
(Querist) 13 September 2015
Thanks for your communication.
The recalling notice Dt: 1/06/2012 was fraudulent and an attempt by the bank to perpetuate fraud upon me by inducing to indulge in frivolous correspondences without making any attempt to resolve the issue and in order to pre-empt and prevent me from approaching in legal forum for challenging the wrongful acts by the bank.
Communication was going on with the bank during July 2012 in this matter and onwards, in 14/9/ 2012 we receive a summon from DRT where from we came to know the bank filed a case at DRT Dt: 9/07/2012 we are defending the case at DRT. And I was forced to file a damage/ compensation suit against the bank at high court but they are not entered appearance either in person or by advocate till date. Soliciting your valued inputs/advice.
With Regards.
RAJU O.F.,
(Expert) 15 September 2015
Engage a good advocate to contest the case in DRT, who is conversant with Banking and DRT proceedings. Many Banks had closed several running units for not making payments to the officials. You have to substantiate your position in DRT.
