Limitation required for filing suit

First and foremost indicate on what basis you say that the limitation of the loan expired in 2017?

When you say you want to file case in DRT, you must be a Bank and not an individual or non banking institution. When you are bank, your bank must be having a legal department. I am just surprised, why you are coming to a public forum instead of seeking guidance from your Legal Department.

1. You have not indicated whether the loan is a pronote based or agreement based,.
2. If it is a pronote based, 36 months from the date of pronote, a suit must be initiated failing which the debt gets barred by limitation. Of course, if the borrower signs an Acknowledgement of Debt, it gets extended by 36 months.
3. If it is an Agreement based loan, each instalment has a limitation of 36 months. Therefore, what is the age of the NPA ie. whether time of 36 months elapsed from the date of an instalment becoming due is over or not. Verify this fact.
4. I sincerely advise you to take up with your Legal Department and/or Panel Advocate alongwith all details and documents. Seeking some kind of quik fix solution through public forum will not help you.

Yes. In exceptional circumstances only Bank has to fall back on this exemption to obtention of Acknowledgement of Debt (AOD) as per Law of Limitation. And, having worked in a PSU Bank for more than 3 decades, I never came across where Bank filed cases based on this kind of flimsy grounds. Banks normally have robust guidelines to obtain AOD once every 24 months from the date of loan or previous AOD. If this is not followed, the individual Officials concerned shall be in trouble. Normally this kind of loans shall be listed once in 6 months and a statement is sent to controlling Office and in ever regular inspection the loan papers and their validity is verified without fail (not by test audit but 100% checking).