OTS settlement in Urban cooperative bank in Gujarat
sanjay
(Querist) 20 February 2011
This query is : Open
we a pvt ltd company had taken 3 loans from surat people cooperative bank surat gujarat. the loans became NPA in 2000. the bank got a decree from board of nominees against us. the bank did not allow the sale of the machinery of the pvt ltd company instead they pressurized for the sale of the house of the guarantor. after the sale of the house there was an ots scheme of rbi in 2006. the company applied for ots in sept 2006 for 35.61 lacs for all 3 loans. the bank did not give any letter of acceptance of ots. the company paid 25% (8.90lacs) in dec 2006. then the company paid 5 lacs in may 2007. the bank GM said that the scheme was extended and we could pay til march 2008. then co paid 21 lacs in march 2008.later the co again paid 3.16 lacs in may 2008 towards interest of ots. during the entire period the bank GM was saying that we were in OTS. after may 2008 the bank GM promised to give NDC and Form 17 for release of charge of the collateral. but the same was not given. then till march 2010 there was no communication from the bank. now we started writing letters to the bank for the NDC and Form 17. now the bank says that we had defaulted in the ots as we did not pay in time and so now we are out of OTS. there is no letter from the bank about acceptance of OTS nor there is any letter about our removal from OTS.
In sept 2010 the bank issued an attachment order against which we appealed to the Secretary of Agriculture and cooperative dept Gujarat. Our appeal was sent by the secretariat to the bank. The bank replied that they had considered us in OTS and becoz the payment was not made by Dec 2007/Jan 2008 the bank removed us from OTS. The bank submitted a page of Inspection report of RBI of March 2008 – a part of which we reproduce as under :
“ it was observed that one of the borrowers offered OTS under the scheme had paid 25% upfront portion (Rs. 8.90 lacs) of the settlement amount of 35.61 lacs on Dec 30, 3006 & Jan 1, 2007. The remaining amount due to be paid by Dec 2007 / Jan 2008 was paid with delay on March 31/April 2, 2008. Further the party paid Rs. 34.90 lacs against the due balance amount of Rs. 35.61 lacs. Interest @ 11% is yet to be recovered. The bank may immediately review such cases and take concrete steps to recover the dues (action).”
Then in May 2008 we have paid 3.16 lacs. So against the OTS amount of 35.61 lacs to be paid by Dec 2007/Jan 2008, we have paid total 38.06 lacs by may 2008. There was no communication from Bank. till Aug 2010. In Aug 2010 they sent a letter that they have removed us from OTS. Does the cooperative bank have the power to remove us from OTS after receiving the payments or a major part of payments ?
we now need guidance and legal assistance on this issue. Pl guide us. Thanks in advance.
