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DCB bank se loan liya tha wo default ho gaya tha then bank hair kanoon
12-Jan-2026 (In Cheque Bounce Law)
Mene DCB bank se loan liya tha jo ki 3-4 emi bad default hota raha then bank ne limition act ke bhar ja chuka tha loan then khud se ek small transaction kya mere loan mai 100 rupees ka our Delhi Cort mai case kardiya 2023 October se Cort mai case chal raha hai please I need ilgel help mujhe help cahiye
Hi there, apko abhi case ka status kya hai and transaction kya hui thi and kaise limitation ke bahar chala gya tha ye sab thoda batana hoga uske baad mai apki help kar paunga.
Isslea mai apko advice karunga ki mujhse contact karke details dein.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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When a loan becomes time-barred under the Limitation Act, 1963, the bank loses its legal right to recover the amount through court proceedings, as the limitation period for filing a recovery case is generally three years from the date of default or when the loan becomes due. Once this period expires, the debt becomes legally unenforceable. Banks sometimes attempt to revive limitation by showing a small transaction or part payment in the loan account, but as per Section 19 of the Limitation Act, part payment extends limitation only if it is made voluntarily by the borrower and before the expiry of the limitation period. Any payment made after limitation has expired does not revive the debt, and unilateral entries, interest adjustments, or forced debits made by the bank without the borrower’s consent do not amount to valid acknowledgment. If the bank initiates recovery proceedings based on such entries, the borrower can challenge the action on the ground of limitation before the Civil Court or DRT. In case of SARFAESI proceedings, the borrower may file a Securitisation Application under Section 17 and can also take action against unfair or coercive practices adopted by the bank.
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Adv. Aditya Kumar
Adv. Aditya Kumar
Delhi | 25+ Answers
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Case kahan pending hai? Kya story hai? Loan ke paper dikhaiye. Loan ka amount kya tha? Kitni EMI BOUNCE hui? Loan wapas dena hai ki nahi?
Ye saare sawalon ke jawab dijiye fir baat aur clear hogi with dates Ofcourse
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Adv. Parth Chaturvedi
Adv. Parth Chaturvedi
Delhi | 25+ Answers
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Limitation Act ke tahat agar loan legally time-barred ho chuka tha, to bank bina aapki written acknowledgment ya fresh promise ke us loan ko revive nahi kar sakta. Sirf bank ka khud se ₹100 ka transaction kar dena, bina aapki consent ke, limitation ko extend nahi karta.
Agar aap par Section 138 NI Act (cheque bounce) ka case kiya gaya hai, to bank ko ye prove karna hoga ki cheque legally enforceable debt ke liye diya gaya tha. Time-barred loan legally enforceable debt nahi hota.
Aap court me discharge / quashing application ya legal enforceability ko challenge kar sakte hain. Iske saath limitation, unauthorized credit entry, aur abuse of process ke grounds liye ja sakte hain.
Agar case October 2023 se chal raha hai, to aapko turant apne advocate ke through loan account statement, cheque details, aur bank authorization mangwani chahiye aur defence evidence tayyar karna chahiye.
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Adv. Shakun Gosain
Adv. Shakun Gosain
Delhi | 25+ Answers
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Agar bank ne limitation ke baad ₹100 ka transaction khud se adjust karke cheque bounce/NI Act case kiya hai, to yeh misuse ho sakta hai. Aap limitation, cause of action aur jurisdiction par objection utha sakte hain. Legal remedy available hai.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Delhi | 50+ Answers
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