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MANOJ HARIT (LAWYER)     16 September 2010

Limitation for Banks to file for recovery

Dear Experts,

What is the Limitation period beyond which a Bank can not file a suit for recovery in DRT, Weather the same applies to recovery proceedings under Sarfaesi Act - 2002?



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 7 Replies

N.K.Assumi (Advocate)     16 September 2010

Limitation Act  applies in SARAFESI.See section 36 of the Act.

Virender Negi (Lawyer)     05 October 2010

with respect to loan secured by mortgaged by immovable property it is 12 years from the date of agreement/last acknowledgment of debt and in other cases 3 years from the date of agreement/last acknowledgment of debt.

Galeel (webdeveloper)     21 October 2010

Until the emergence of debt collection business, debt collection in India, was never treated as a specialized job and was always treated as one of the jobs that legal departments of the banks and financial institutions were required to undertake. A typical legal department of an organization would approach the collection job strictly as a legal issue rather than as a revenue collection measure. Litigation would be the only tool used for recoveries and no other tool was either known or used by the industry. Litigation as a recovery measure always had its own limitations due to long and winding court procedures the Indian legal system is always criticized for. On the other hand, foreign banking firms introduced the concept of specialized debt collection services. Debt collection services became one of the many services that began to be outsourced to specialized agencies.

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Galeel (webdeveloper)     21 October 2010

Originally posted by :Galeel
"
Until the emergence of debt collection business, debt collection in India, was never treated as a specialized job and was always treated as one of the jobs that legal departments of the banks and financial institutions were required to undertake. A typical legal department of an organization would approach the collection job strictly as a legal issue rather than as a revenue collection measure. Litigation would be the only tool used for recoveries and no other tool was either known or used by the industry. Litigation as a recovery measure always had its own limitations due to long and winding court procedures the Indian legal system is always criticized for. On the other hand, foreign banking firms introduced the concept of specialized debt collection services. Debt collection services became one of the many services that began to be outsourced to specialized agencies.

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"

Parthasarathi Loganathan (Advocate)     31 October 2010

I go with Mr.Negi's opinion.

SACHIN AGARWAL (ADVOCATE)     02 November 2010

I agree with Mr. Negi.

 

Further, The limitation period in demand loan starts from the date of demand.

R.Ranganathan (Advocate)     08 December 2010

I agree with the experts


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