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kishorchandra p mehta (Ex Chief Executive Officer)     16 November 2016

Leave to defence

A co-operative bank has filed summary lavad suit in Board of Nominees in January 2015, because as per bank, the account was overdue and NPA due to revision of rate of interest.. The loanee, my friend had prayed in reply to the suit that he may be allowed to defend his case as he has been continuously paying instalments everymonth since inception of loan and even during the period from Jan.,2015 till date. but The Board of nominee ordered to pay 20% of suit amount. The loanee (my friend)has continued paying loan instalments every month till date, since inception of loan , which the bank has accepted and credited in his loan account. Can this amount, paid from Jan.,2015 till date of order, be considered as part payment towards this 20% ordered by the Board of nominee. payable by the loanee for Leave to defend.and only shortfall should be deposited by loanee ? Kindly guide.


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