Limitation


Our Bank has filed case in DRT for recovery. Their Original Application was allowed and henceforth Demand Notice and Recovery proceedings was started. However, they are not doing anything in Recovery proceedings since last 3 years nor any action has started and they are just taking dates since last 3 years.

One of my legal consultant says that since it is over 3 years, it is now become time barred and they cannot do any recovery.

Please confirm if it is true that the recovery action can be taken only within 3 years of issue of demand notice and that now Bank cannot go ahead with recovery?

Answer

Regarding your query,

Since the bank has already filed the case and same has been allowed by the court, so now the limitation act is not applicable.

So the bank can go ahead with the case and recover the amount if allowed by the court.

But, now in your situation you can file an application in the court for urgent hearing and stating that the claim of the Bank is vexatious and is the case is only filed to cause mental harassment to you.


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