NPA Doctor a unique service - Advice by ex-Banker Lawyer
Bank Loan ...
File a strong & legally sustainable reply / objections u/s 13(3-A) SARFAESI Act to rebut the 13(2) Demand Notice of the Bank.
File a Caveat before the DM / CMM and get ready with a strong petition to rebut the Bank's claims under SARFAESI Act.
Take stand on the plea earlier made in Section 13(3-A) as well in petition filed before the DM / CMM to stop the Bank through DRT.
Business Law & NPA Acount, SARFAESI Act Resolution
Helping Borrowers & Guarantors in NPA Accounts to resolve issues by Top specialist ex-SBI SAM Branch Officer. Read more....
Helping to resolve your disputes with Banks in regard to administrative delay or un-procedural action in their deposit / loan accounts. Read more...
Legal advice to Banks for proper implementation of and to borrowers for improper implementation of the SARFAESI Act. Read more ..
Financial, Marketing & Business Consultation
SAM (Stressed Assets Management) is a super-specialized outfit, wherein the SBI migrates high-value NPA accounts for initiating hard recovery action. This includes taking possession & auctioning the mortgaged assets under the SARFAESI Act, Filing recovery suits (OA) in DRT or invoking the jurisdiction of NCLT. Besides this the detective work, the forensic audit exercises are conducted to find out the incidences of fraud. The proceedings are initiated to declare the borrowers as non-cooperative / willful defaulters as per RBI guidelines. Besides this the complaints are filed with police authorities or CBI for investigation from the angle of fraud or misappropriation of stocks and other valuables by the NPA borrowers.
When the default continues in repayment of installment or interest, for the time specified for the category of loan in question, the loan is to be classified by the institutional lender (Bank, NBFC or Financial Institution) as NPA Account.
In other words, an NPA is a credit facility in respect of which the interest or installment of Bond finance principal has remained 'past due' for a period specified by the competent fiscal authority in any country. NPA is used by financial institutions that refer to loans that are in jeopardy of default to reflect its true financial positon in the Balance Sheet.
In India, RBI is Banking Regulator and the NPA guidlines are provided in Prudential Norms Circular of RBI (Reserve Bank of India).
The Prudential Norms classify the loans for the purpose of NPA Classification in the two broad categories-
(A) Agricultural Loans: For short duration crop agriculture loans such as paddy, Jowar, Bajra etc. if the loan (installment / interest) is not paid for 2 crop seasons , it would be termed as a NPA.
For long duration crop the above would be 1 Crop season from the due date.
(B) Non-Agricultural Loans: If customers don’t repay either the interest or part of principal or both, the loan turns into NPA.
NPA in India is goverened by the Prudential NPA Norms of RBI. For non-agricultural sectors an account becomes NPA if it remains irregular on account of non-service of interest or principal continuously for a period of 90 days.
On 8 November 2016, the Government of India announced the demonetisation, which caused imbalance in the business world leading to multifold increase NPA problem in India.
The GST was implemented in India with effect from July 1, 2017. The scheme further intensified the issues in business transactions and cuased liquidity problem leading to more business failures. To give relief to the businesses the RBI relaxed the NPA classification announced 180 days NPA norms vide notifiation dated 07-02-2018.
AUCA means advances under collection account. This is the written Off Loans portfolio of a Bank. AUCA is an off balancesheet head. Any recovery in AUCA is profit for a Bank.
Interest is not applied to NPA Accounts because the recovery of principal in in jeopardy in NPA Accounts and if a Bank books interest by applying the interest in its ledger system, this will artificially increase the taxable income of the Bank. But, this does not relieves the customer from his liability to pay interest on the debit balances in NPA accounts. The interest is charged at the time of calculating final dues in NPA accounts.
We are a team of legal experts working under guidance of an eminent experience Banking Law strategist Lawyer- Mr. Shakti Kumar Jain Having specialized in resolving Banking Law disputes, NPA Accounts, Sarfaesi Act, Companies Act and litigation in Debt Recovery Tribunal (DRT) & NCLT.
We handle appeals in DRAT, NCLAT and the High Court, as well.... Having specialized in resolving Banking Law disputes, NPA Accounts, Sarfaesi Act, Companies Act and litigation in Debt Recovery Tribunal (DRT) & NCLT. We expertly handle appeals in DRAT, NCLAT and the High Court, as well...
lawyers expert in various fields of law, working with expert ex-bankers, Chartered Accountants and brilliant business, strategic & digital marketing experts working in coordination with each other to provide all round benefit to the ever growing needs of industrialist and corporate clients.
We assist you not only in coming out of financial crisis & to settle the NPA accounts, but gradually to stand out in the crowd and re-establish your position in the industry.
Contact NPADoctor for rarely known strategies for survival with NPA
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