Can anyone guice that what are the option of litigation to a bank for recovery of credit card debts
Smita_L01042008 (student) 21 May 2010
Can anyone guice that what are the option of litigation to a bank for recovery of credit card debts
Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 21 May 2010
first sending legal notice from the bank and there after filing recovery case.
Smita_L01042008 (student) 22 May 2010
thnaks for the prompt reply.
1. can you suggest that what type of litigation the bank can initiate against the debtors if they are failed to pay the debit even after sending legal notice.
2. is there any limitation period for initiating legal proceedings?
3. is there any remedy under banking laws to help banks to make such recoveries?
Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 22 May 2010
1. can you suggest that what type of litigation the bank can initiate against the debtors if they are failed to pay the debit even after sending legal notice. :
WELL IF AMOUNT IS LES THAN RE. 1 CRORES, THEN LITIGATION WILL BE OF SUMMARY SUIT OR RECOVERY SUIT UNDER CIVIL PROCEDURE CODE
2. is there any limitation period for initiating legal proceedings?
WITHIN THREE YEARS, OF ARISING CAUSE.AND WITHIN 30 DAYS OF SENDING LEGAL NOTICE
3. is there any remedy under banking laws to help banks to make such recoveries? UNDER DEBT RECOVERY DUE T BANK I.E. DRT ACT: THERE IS A TRIBUNAL SETUP FROM WHICH BANK WILL HAVE TO APPROACH BUT I SUPPOSE THERE IS A CONDITION THAT BANK DUE TO BE MORE THAN ONE CRORE.
KINDLY CHECK DRT ACT.
Regards
Smita_L01042008 (student) 24 May 2010
Thnks alot for your prompy reply