LawRato

SARFAESI Act for recovery of Fraud amount


25-Jul-2023 (In Banking / Finance Law)
My MSME loan from cooperative bank went into NPA in 2010. Bank has inflated my CC loan amount by way of excessive rate of interest and illegal charges. In spite of our demands bank is not providing necessary information. The bank is not transparent and trying to recover illegal amount from us. The bank has given me SARFAESI 13(2) notice in the year 2015. We have replied and denied the amount due to from us. Bank has not taken any action against us, however bank is demanding the amount and only threatening us to take action against us. Our CC account classified as NPA in 2010 ie 9 years ago. Notice of 13(2) has been given 4 years ago. My Questions: (1) Why Bank is not taking actions against us? (2) Is the notice served in the year 2015 still valid? (3) Is action under SARFASI act valid after 9 years from the classification of NPA account, although the objective of the SARFAESI act is for speedy recovery of Bank dues?
Answers (1)

Answer #1
795 votes
This is very interesting and complicated legal matter.
I will have to read and analyse the bank notices and all other documents so as to check the legal position and research and after that to give you the legal advise in the above complex legal situation.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."