Limitation confusion


what if one sent notices to loan defaulter person by speed post several times monthly but the person never replied .The question is whether it is deemed as implied acceptance for the revival of limitation .

 

 
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Lawyer, Scholar

Short answer, no.

 
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practicing lawyer

limitation starts on  many occassions  but as based on your querie limitation starts from the date of cause of action arise, The day you sent the demand notice yours limitation starts . in loan case limitation perirod is 3 years.

Regards

Jaspal S Maini(Adv)

9999987283

 
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There are NO statute of limitations for government wrongdoings deserving of death Do my Essay nor certain elected violations of fear based oppression, nor certain elected s*x offenses. Arraignment for the lion's share of all other government wrongdoings must start inside five years of the dedication of the offense.

 
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sir,
    Personal loan by NBFC has been issued on year March 2008. No amount received till april 2016. Notices are sent every month, and defaulter person receiving the notices.After that he paid some amount in april 2016. can we initiate recovery proceeding now ?

whether limitation will affect the matter or not?

please guide

 
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Hello 

As per the Limitation Act, 1963, a demand loan becomes time barred after three years from the date of documents. In term loan each instalment becomes time barred after three years from its due date. However, in case of mortgage loan the documents become time barred after 12 years from the date of documents. In case of decreed debt it has to be executed within 12 years from the date of debt. Thus in case of non-suit filed accounts banks renew the documents periodically to keep it alive and enforceable in a court of law in future if required.

Please refer to State Bank Of India vs. Ravindra wherein the court dealt with the limitation issue in detail.

Also see

https://www.lawyersclubindia.com/articles/Documentation-against-loan-and-advances-3481.asp

 

 

 

 
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