Legal Question in Banking Law in India
Drt laws
bank filed a case at 0 balance.loan account statement showing balance nil on date 8-1-2005,and case filed by the bank in january 2006.should this case be admitted by the DRT?
2 Answers from Attorneys
Re: Drt laws
There is some confusion in your statement. What for the case is filed ? The jurisdiction of DRT is invoked for recovery of money only. You may need to read / reproduce the prayer clause in the O.A. filed by the Bank.
Re: Drt laws
Check the account statement. The last entry would be to transfer to protested Bills account and on account of the same the balance is shown nil. It is the entry in the protested Bills account that matters. No Bank will file a case with a zero debt balance in the account. Don't try to take advantage of the active account showing a balance as nil as the debit balance is taken to protested bills account. That always happens before the Bank files a suit or recovery application
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