Legal Question in Banking Law in India
my friend brought a car in 2004 from bank loan in which his father, brother and I were guarantors but fail to pay the loan and a/c become NPA. Bank taken over the car and sold it. did not give me any information about that till date. Now the manager insisting me to pay the short fall amount of Rs.1,90,000/-. What shall I do now? whether the loan become barred by limitation and whether I have to pay the amount?
5 Answers from Attorneys
recovery can be made with in three years from t cause of action
23.02.2013
Dear Sir / Madam,
(Harishpur, West Midnapore, West Bengal)
The bank is supposed to approach all the three guarantors for recovery of over dues and not you alone, if all means for recovery of the loan from the original borrower have failed. You can argue on the limitation clause since the matter is more than four years old.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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Global Legist
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Limitation starts running from the last installment paid. It also can be calculated from the last due date of payment. Normally a car loan is for three years or five years, if it is five years and last payment made by the borrower; is within three years from the demand made to you, it may be well within limitation.
You need to provide all the relevant dates to give proper advise.
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