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Kolkata advocate (Advocate)     10 April 2019

Drt or civil suit for debt recovery which will overrule?

Can banks file lawsuit for debt recovery in civil court when Drt is already looking into the matter? Is this maintainable in civil court after bank initiated sarfaesi proceeding and the matter in under adjudication in Drt? Few facts: loan agreement doesn't have signature of bank official Borrower was given manipulated loan account statement ..two times two different versions ? NPA was false Blank promissory notes submitted by borrower which bank later may fill it up arbitrarily and borrower will contest the amount as usual


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 1 Replies

Anil Upadhyay (Lawyer)     12 April 2019

Bank can file civil suit for recovery and simultaneously can proceed under SARFAESI.. Where money given as loan is not less than 10 Lac then Bank can approach DRT under RDDBFI...

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