1) it darkhast is dismissed for want of prosecution bank can take out application for restoration

2)restoration application should be filed within period of 30 days

The bank will approach the court for restoration of the previous darkhast the new execution is time barred.

The bank will try to restore the old recovery proceeding it can be recovered from.you in case there case is restored if not restored they cannot proceed against you.

bank can make an application to recall the dismissal order

for that it will have to give valid and sufficient cause for not remaining present when the case was called out

if the bank takes such an action then you will have a chance to oppose and reply to the bank's recall application

if the court allows the recall application then the matter will be revived and the recovering proceedings through Lok Adalat by way of settlement or mediation between disputing parties will begin again

so it depends what next steps the bank takes to set aside the dismissal order

if you want to informed about such action in advance then you can file caveat in the lok adalat and also in HC (in case the bank moves the HC by way of writ petition for setting aside the dismissal order)

bank will not give you no dues certificate as you have failed to repay the loan

bank will not give no dues certificate as you have failed to repay loan and decree was passed against you

1. They can file an application for recall of the order but they will have to explain the delay in filing such applications.

2. Without getting the order recalled bank can not recover the account

Dear,

Yes bank has right to file restoration application in court.

But i think in your case the time limit to file application is passed.

If they already filed in time limit then court hear both the parties and

if court is satisfied with reasons of bank then you have to follow court order.

The bank will not give NOC as the bank has not waived off your loan

If you however have this knowledge that the bank has waived your loan and therefore they were not attending the court proceedings then you can get a NOC.

Regards

The bank will not grant no dues at this stage.

Hi,

The bank has right to recover loan provided limitation is not over.

Bank have to file applcaiton to set aside dismissal for default order than case will proceed.

NO dues cannot be available to till loan not cleared.

recovery limitation 3 years. than no recovery.

The bank can file Restoration application to restore the execution period, if the application for restoration is allowed then you would will happen to still pay the loan. If not, you do not have to pay anything to them.

This application should be filed within 30 days of dismissal.

The bank would not issue no objection certificate as recovery in your case could not be done.

Bank will only issue no objection certificate after all the dues have been duly paid by the borrower and not otherwise.

My question now to all learned advocates is can the bank approach the court again for loan recovery ?

Can bank recover amount from me or loan will be written off ?

The limitation for filing an execution petition to execute the decree is 12 years

If that period is expired then the bank may not be able to recover.

Can I obtain No Dues certificate from bank ?

When you owe money to bank how can you get no due certificate from bank?

The bank cannot give any such certificate