Sunday 29 June 2014

Failure to apply for final decree within 3 years of interim decree would bar banks to recover overdu

CL : Where respondent bank having obtained preliminary decree for recovery of loan amount against petitioner, did not apply for final degree within prescribed period of three years as mentioned in Article 137 of Limitation Act, 1963, there remained no enforceable decree in existence for which any application under section 31A of Recovery of Debts Due to Bank and Financial Institution Act, 1993, could have been filed


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