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Bank Suit of 1992. Dismissed on 01-Mar-2011. NPA Value: Rs.3.76 Lakhs.
10-Sep-2023 (In Recovery Law)
The BHC handed over the suit property to me, as its director, in May-11. I asked the Bank in Jun-12 to release mortgage signed by my father in 1983. Bank then filed a NoM in BHC to restore the Suit; WITHOUT SERVING ITS COPY TO THE CO., ITS ADVOCATES OR ITS DIRECTORS. The NoM when heard for Condonation of Delay was removed from BHC and Bank asked to file afresh in BCC Court on 01-Apr-14. BANK HAS REFUSED MY OFFER TO RELEASE THE MORTGAGE on 09-Sep-2015. i am 76,
A) Is the debt time-barred under statute of limitations, AS NO NOTICE SERVED for over 4 year?
b) What remedy to release the mortgage?
THE MATTER SEEMS TO BE COMPLICATED AND BASICALLY DEPENDING ON DOCUMENTS.
IT WILL NOT BE PROPER TO ADVICE ON THE BASIS OF THE ABOVE FACTS AS WITHOUT READING THE PAPERS IT WILL NOT BE PROPER AND CORRECT TO ADVISE.
IT WILL NOT BE PROPER TO ADVICE ON THE BASIS OF THE ABOVE FACTS AS WITHOUT READING THE PAPERS IT WILL NOT BE PROPER AND CORRECT TO ADVISE.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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