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Umar Shaikh   03 March 2023

Recovery of loan

A person took Business loan from HDFC bank and was not able to fulfill the
Emi because of his critical economic condition at the time of lock down then what is procedure for the defence of this person? And what legal action will the bank take?


 5 Replies

P. Venu (Advocate)     03 March 2023

The query is too speculative that any meaningful suggestion is impossible.

Dr J C Vashista (Advocate)     04 March 2023

The borrower has to face consequence of default in payment of loan /outstanding.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 March 2023

How to avoid defaulting on a loan?  

If your finances have taken a downturn and you are worried about paying your loan EMI on time, it’s best to be proactive and contact your lender before the situation worsens. When you explain your financial crisis to the lender, sometimes the lender may offer you a temporary relief (like pausing EMIs for a few months). This gives you some breathing time, allowing you to get back on track.  

Alternatively, you can consider refinancing your loan. Refinancing is the process of shifting your outstanding loan from one lender to another. The main objective of refinancing is to avail loans at reduced interest rates. Check if this option is possible for you.  

Another option is to borrow from friends and family and repay your outstanding EMIs and get your loan payments back on track. 

Sudhir Kumar, Advocate (Advocate)     05 March 2023

whether bank has initiated action.

T. Kalaiselvan, Advocate (Advocate)     05 March 2023

If he has defaulted in the loan repayment then the bank will initiate action as per law to recover the loan amount, if it becomes NPA then the bank may invoke provisions of sarfaesi act to attach the collateral property and recover the amount by auction sale of the property.

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