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bala (Proprietor)     08 September 2011

Ots scheme

Dear Sir/Madam,


we are a 12 year old agro-based company exporting vegetables and vegetable pickles. we have been doing contract farming with around 2000 farmers. But at present there are no farmers interested in farming. Also shortage of labours because they prefer to do government work elsewhere. So our company has been suffering from shortage of raw materials and also labours.  The past 7 years have been a huge burden for us to run the factory. Buyers fulfill the orders from Vietnam and China. So there is no market for us. So far we have paid around 5 crores as bank interest. Now at present the outstanding loan for us is 8 crores. All our property documents are with the bank.  So we would like to know if we are eligible to go for  (OTS) One Time Settlement Scheme. Even the bank know we are struggling very much and till now our account is in live and very close of becoming as Non Performance Account (NPA). Please provide us your valuable reply at your earliest. Your response is highly appreciated. Thanks.



Learning

 3 Replies

MANOJ HARIT (LAWYER)     09 September 2011

Mr. Bala,

1. Let the Account be marked as NPA as soon as possible. This will stop the interest liability. 

2. Take Statement of Account from day one from the Bank. Also get a Circular regarding rate of interest during the pendency of loan.

3. Get the interest recalculated as per the Circular by Experts. Find out the excess debit and seek credit of the excess charged interest amount.

4. Once the Bank starts Recovery Proceedings - stand up to them. Engage an experienced trial lawyer.

5. After taking these steps U will understand what to do further.

MANOJ HARIT

2 Like

bala (Proprietor)     09 September 2011

Mr. Manoj Harit.

Thanks a lot for your response. I would really appreciate if you could provide me with the contacts of any banking lawyer in madurai or chennai, who I can consult.  In case, if you do have any contacts.

Thanks again.

RAJU O.F., (Advocate)     11 September 2011

Classifying the loan account as NPA will not stop interest burden.  You apprise your problems with higher officials of the bank and try for an amicable settlement under OTS, or atleast re-scheduling of the loan dues for a longer period. In the meanwhile, with the consent of the bank try to dispose of some of the properties for settling the loan account. In case bank is taking action under SARFAESI or filing suit (OA) before DRT, to have to defend. If necessary you may contact me in Chennai, Cell: 98410 39892.


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