A bank filed a recovery case against me in Kolkata for an unpaid loan; what is my defence?
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The bank can file an Original Application before the Debt Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for recovery above twenty lakh rupees, and the DRT in Kolkata has jurisdiction. You can file a reply raising defences such as incorrect computation, improper interest, or lack of security interest. The DRT can pass a recovery order enforceable as a decree, appealable to the Debt Recovery Appellate Tribunal and, on law, to Calcutta High Court. West Bengal Premises Tenancy Act 1997 does not apply, as the RDDB Act is central and overrides State laws. The bank must prove the debt and security. Interim relief such as attachment can be sought. Personal guarantees can be pursued concurrently before the DRT.
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