Legal Question in Banking Law in India

I am currently involved in a legal dispute with the Bank of India regarding a ₹50 lakh loan that has now ballooned to ₹61 lakhs due to penalties and other charges. This loan is partially secured by a property mortgage valued at ₹32.03 lakhs, and ₹17.97 lakhs of it is covered under the CGTMSE scheme. In December 2023, I received a letter from the bank’s previous manager stating that the mortgage was released and the original deed was misplaced, with a promise to issue a duplicate within 30 days. However, I have applied online for a One-Time Settlement (OTS), the bank’s Zonal Office refused to negotiate, insisting that the letter was issued in error and they had the original deed all the time. They are demanding full repayment of ₹61 lakhs, which I believe is unjustified given the CGTMSE coverage. They have also issued a notice under SARFAESI Section 13(2). I intend to challenge any unfavorable decision by the Debt Recovery Tribunal (DRT) in the High Court, as I believe the bank’s stance is both unjustified and contrary to the terms of my loan and the coverage under CGTMSE. I would appreciate legal advice on how to best challenge the bank's actions and protect my rights.


Asked on 8/16/24, 8:38 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Sir, You can sue any Bank's U/s.447 (Due To Any Fraud) under the Indian Companies Act 2013, Also R/w., subsequent Charges connected through by U/s.208 Fraudulently suffering a Decree to Pass a Sum not due, or suffering Decree to be Executed after it has been satisfied; U/s.209 False claim in a Court Of Justice; U/s.210 Fraudulently obtaining a Decree for a Sum Of Amount Not Due, Or Causing a Decree to be executed after it has been satisfied; U/s.211 False Charge Of Offense made with intent to injure; U/s.409 Criminal Breach Of Trust by Banker of the I.P.C 1860 R/w.,

(B.N.S - 2023) thus you can file a Fraud case against said 'Bank' in an Hon'be District & Sessions Court of your Jurisdiction.

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Answered on 8/24/24, 5:57 am


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