A bank filed a recovery case against me in Kurnool for an unpaid loan; what is my defence?
RE Asked by Reshma Pillai from India
Quick Answer
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 Kurnool has jurisdiction.
Detailed Legal Analysis
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 Kurnool 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 Andhra Pradesh High Court. Andhra Pradesh Rent Control Act 1960 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.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.