law of torts

Ajay (Querist) 19 December 2010 This query is : Resolved
Dear sir

Bank has use sarfesi act against us where as we were not default in payment even after serving 13(2) notice we were paying instalment and interest,so we think our account were not NPA,bank publish 13(4) notice in newspaper damaging our goodwill and credibility.supplier stop giving credit and so many problem.

Now we have file counter claim on bank for 3.3 crore using law of torts.Can we use law of torts in India.

Reg

Aajay Kumar

Bangalore

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Advocate. Arunagiri (Expert) 19 December 2010
If you are not a defaulter the Bank can not public notice in newspaper. You have every right to claim damages. Issue notice.

s.subramanian (Expert) 20 December 2010
You have the legal right to claim damages. But your success in the same depends upon your ability to prove that you are not at fault for the initiation of procedings under the Safaesi Act and that such proceedings have been initated by the bank illegally.

Ajay (Querist) 20 December 2010
good morning sir
our bank has given us a letter in july 2010 that they have made our account NPA in october 2009,in 20th october bank has given us letter to serve 1.92 lac interest by 29th october so we paid 1 lac on 29th october and remaining 1 lac on 31 st october.
further bank has issued us 13(2) notice on 29th december after that we apid instalment in December/january/March 2010 and interest portion on 27th jan2010.Bank has taken instalment on 15th march and issued 13(4)notice on 26th march and publish the notice also.recent AP high court judgement says once NPA is declare and even bank take instalment than account can not be NPA.
in this light still my account neither it became NPA and even after payment also NPA is waived,
Plz give your comment
Reg
AAjay

RAVI B SHAH (Expert) 20 December 2010
Dear,

You are too late.You have to weck up when you receive a notice under 13(2).
PLS confirm what is the status of process?
I agree with Subramanian.