Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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harish vats   15 April 2018

NCLT COURT

One of company availing non funded inland LC limit of RS.15crs.now after 4 yes company started delay in LC payment by 2-7 days..on 3-4 occurances it was delayed recently.now company is not paying LC payments hence 3 lcs have been devolved.and bank made payment by debited current act of the firm by RS.1cr as per banks commitment towards payment of LC to other bank.company is maintain only LC limit and current act .now bank officials visit the company .director says he will not pay.on inquiry it was also noticed that company non funded limit at obc bank turned Npa in last month.as company has total exposure of nearly RS.50 crs under multiple banking from 3 psbs.now question is can a bank file any legal action against company.can a bank issue legal notice for non repayment? security provided by company is hardly of RS.4crs. in a bank having exposure of RS.15 crs.
Can a bank also go to NCLT if account not turned Npa but deolvement taken place and party is denying to pay verbally.
and what other action a bank can take against company.


Learning

 1 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     15 April 2018

Sir, 

 

Since bank is a creditor, the bank can take action against the company .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 


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