Saturday, May 31, 2014

BANKING GLOSSARY - TERMINOLOGY

BANKING GLOSSARY
No. TERM DEFINITION
1 Acceptance
Letter
Acceptance letter is the letter that a borrower or applicant gives to
the lender after reading the terms of the loan. This letter denotes
the borrower’s willingness to accept the loan offer within a
particular time frame.
2 Account balance Opening Account Balance / Beginning of the Day (BOD) Balance:
The balance in an account at the beginning of each business day;
includes all deposits and withdrawals that were posted from the
previous night, whether or not funds have been collected.
Closing Account Balance / End of the Day (EOD) Balance: The
account balance computed at the end of the business day, and is
the adjusted balance of the credits and debits during the business
day in the account of the customer.
3 Account
statement
Periodic statement of all the debit and credit transactions on an
account for a given statement cycle.
4 Acquirer Acquirers are banks and financial institutions that collaborate with
businesses to accept credit/debit card payments.
5 Active account A bank account in which there are regular transactions. A bank
account that is not dormant or inoperative or under an attachment
order of the court or enforcement authorities.
6 Additional
cardholder
Another member added to an existing card thus extending its usage
is called an additional cardholder. Thus by adding an additional
cardholder the existing cardholder allows him/ her to make
purchases and use the credit card. However, the responsibility to
repay the monthly outstanding balance rests with the original
(principal) cardholder.
7 Administrative
Fee
A one time non-refundable levy to bank's customers for meeting
expenses related to appraisal of loan proposals.
8 Advance EMI Number of equated monthly installments, paid in advance at the
time of disbursal of loan.
9 Affinity Card Credit cards linked to special organizations like sports clubs,
exclusive clubs and charities. Affinity credit cards can also help
raise funds, when a part of income from every transaction goes
toward the benefit of relevant organization.
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10 Amortization Amortization is the repayment of Principal and Interest
components of a Loan, over a period of time. Certain category of
expenses or charges are also amortized over a period of time.
11 Annual Fee An annual amount charged by the credit card companies to
maintain the credit card.
12 Annual
percentage yield
(APY)
A percentage rate reflecting the total amount of interest paid on a
deposit account (savings, CDs etc.), based on the interest rate and
the effect of interest compounding for one year.
13 Anywhere
Banking
Customer can deposit/ withdraw cash at any branch other than the
branch in which he holds the account. Anywhere banking frees the
customer from geographical boundaries and limitations and gives
the flexibility to the customer to use his account across the board.
14 Application
Form
A form to be filled in and signed as per the Bank’s requirements to
avail Banking facilities. Requirement of details to be filled in will
vary for each facility. Applications may also require certain
specified documents also to be attached.
15 Arrears
Outstanding
The arrears outstanding comprises of the unpaid EMI’s and other
charges, if any, levied in the account.
16 Asset Cash or anything you own that can be turned into cash. This
includes property, goods, savings or investments.
These are things that people own such as buildings, vehicles,
shares and money in the bank. The opposite is liabilities. For a
bank, its assets are mainly the loans it makes
17 ATM Acronym for automated teller machine, a machine at a bank
branch or other location, which enables a customer to perform
basic banking activities (checking one's balance, withdrawing or
transferring funds) even when the bank is closed.
18 Attestation Authentication of signatures of a customer of the branch required
by the customer for any legal purposes.
19 Automatic
Funds Transfer
An arrangement that moves funds from one account to another
automatically on a pre-arranged schedule; for example, every
payday or once a month.
20 Automatic
payment
An arrangement that authorizes payments to be deducted
automatically from a bank account (usually a savings/current
account) to pay bills (such as insurance payments, rent, mortgage
or loan payments). Payments are usually scheduled to be made on
a certain day of the month.
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21 Available
balance
The available balance is the account balance in the account that is
available for immediate use at any given point of time
22 Available Credit Available credit is your credit limit minus your current balance. It
is the unused portion of your credit line.
23 Average daily
balance
The average balance in a deposit account, equals the sum of the
daily account balances during an accounting period, usually a
monthly or a quarterly cycle, divided by the number of days in the
accounting period. Banks normally specify certain minimum
average daily balance to be maintained in current and savings
accounts.
24 Bad Credit A term used to describe a poor credit rating including an account
in default. Common practices which can damage your credit rating
include late or missed payments, exceeding the limit on cards,
defaulting on loans or declaring bankruptcy. "Bad Credit" can
result in the denial of future credit.
25 Balance
Transfer
Transferring balances from one credit card to another, usually to
take advantage of a lower interest rate. Transfers are limited to the
available credit on the receiving card.
26 Bank Draft An instrument issued by one branch of a bank on another branch
of the bank containing an order to pay a certain sum on demand to
the person named on the draft. It is used to transfer funds and to
settle outstanding balances between banks, or to provide a
customer with funds payable at a bank in a different location.
Bank drafts are valid for certain period, generally, for 6 months, as
indicated over face of draft.
27 Banker's
Cheque
A cheque issued by a branch of a bank against consideration
received. Banker's cheque are valid for a certain period as
indicated on the face of the cheque. (also called Pay Order).
28 Bankruptcy A legal action, in which a person who is not able to repay his loans
satisfactorily, is declared bankrupt by a court order. The collateral
or security in this case becomes liable to be attached by
administration to satisfy creditors.
Base Rate New reference rate used by banks for loan pricing w.e.f July 2010.
Base rate captures cost of deposits, cost of capitals and unallocable
(common) overheads. Banks are not allowed to lend base rate
except for certain specified category or borrowers.
29 Basis Point A unit of measurement which is equal to 1/100th of 1%. This is
used to measure changes in interest rates, stock-market indices or
yield on fixed income securities. For example, if an interest rate is
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reduced by 50 basis points it means an effective reduction of 0.5%.
30 Bill discounting Under this type of lending, Bank takes the bill drawn by borrower
on his (borrower's) customer and pay him immediately deducting
some amount as discount/commission. The Bank then presents the
Bill to the borrower's customer on the due date of the Bill and
collect the total amount. If the bill is delayed, the borrower or his
customer pay the Bank a pre-determined interest depending upon
the terms of transaction.
31 Bill Pay
Service
Bill Pay is a service of Online Banking from bank that allows you
to pay your bills online. In addition you can elect to receive e-Bills
- electronic versions of your paper bills - from your bank credit
card and a variety of companies currently offering e-Bills.
32 Biller A service provider who bills his/her services at specified intervals
and has facilitated receipt of payment from his customers through
online banking.
33 Billing Cycle The number of days between your last statement date and your
current statement date. Most service providers follow a monthly
billing cycle.
34 Billing
Statement
A monthly bill from your credit card issuer which describes and
summarizes the activity on your account including the outstanding
balance, purchases, payments, credits, finance charges and other
transactions for the month.
35 Borrower The person/legal entity who is taking the loan with the promise to
repay it back with interest under the credit or loan agreement.
36 Bounced cheque A cheque, which a bank returns unpaid because there is not
enough available balance in the account or for other reasons.
37 Broker Broker is an individual who, for a commission or a fee, brings two
parties together and assists in negotiating contracts between them.
38 Budget The financial record you use to keep track of the money you earn,
how much you spend and what you spend it on. Your budget also
includes savings and how much you pay to your creditors.
39 Business Credit
Card
A reward credit card, that comes with special features and rewards
for corporate users. Business credit card builds credit history for
the associated business. They are a good way to separate business
expenses from personal ones.
40 Calendar Year Commencing from the day and month of a year to the previous
day and month of the next year. A calendar year commencing on
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1st March will end on 29th February if next year is a leap year at
28th February.
41 Canceled cheque A cheque that has been not paid and cancelled by the drawer –
Account holder.
42 Capital
Adequacy Ratio
Capital Adequacy Ratio is the capital to assets ratio which banks
are required to maintain against risks. It is also known as Capital to
Risk (Weighted) Assets Ratio (CRAR).
43 Card Holder Cardholder is a person who owns a debit or credit card issued by a
credit card company, financial institution or bank.
44 Card Issuer A bank, financial institution, credit union, or agency that issues a
credit card to public or its members is called a card issuer.
45 Card member
Agreement
The issuer's terms and conditions relating to your credit card
account. The Card member Agreement is between the customer
and the card issuing company and is a legal document. (When you
sign up for a credit card understand the terms and Conditions).
46 Carpet Area The area inside the walls of a room, measured from wall to wall
including the door jams. In simple terms it is the area usable as
floor level inside a room.
47 Cash Advance
(Credit Card)
Applies to an advance taken against a credit card account. The
advance may be through a cash withdrawal at an automated teller
machine, bank teller or by use of a convenience check. This cash
is an instant loan from your credit card account. The credit card
company will apply finance charges from the day you take the
advance until the day you pay it off. A transaction fee may also be
charged based on the amount of your withdrawal.
48 Cash Advance
Fee
A one-time fee for cash advances in addition to normal finance
charges. This fee is usually a percentage of the advance amount.
49 Cash Back
Credit Card
It is a special type of reward credit card, which pays back in cash.
Whenever you use your cash back credit card to make purchases, a
percentage of it is returned back to you. The cash back rewards can
be redeemed as gift vouchers, or hard cash.
50 Cash Reserve
Ratio (CRR)
Cash Reserve Ratio is the amount of mandatory funds that
commercial banks have to keep with RBI. It is always fixed as a
percentage of total demand and time liabilites.
51 Certificate of
Title (Title Deed)
An official document, showing the ownership or title of the
property in question is called the certificate of title/title deeds. It
describes various details about the property such as the area,
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location, registered owner and other factors and charges related to
the property.
52 Certificate of
Deposit (CD)
A time deposit that is payable at the end of a specified term. CDs
generally pay a fixed interest rate and generally offer a different
interest rate than other types of deposit accounts. If an early
withdrawal from the CD prior to the end of the term is permitted, a
penalty is usually assessed. CD is sold at discount value and being
a money market instrument, can be transferred to other person
through negotiaion.
53 Certified cheque A cheque for which the bank guarantees payment. Banks in India
do not generally, certify cheques.
54 Charge back A credit card transaction, which is returned or not honored, is
called a charge back. Usually done by the credit card holder in
response to faulty products, credit card fraud, a dispute or noncompliance
with the rules and regulations, charge back restores the
funds back with the credit card.
55 Charge back
Period
It is the time period from a particular credit card transaction within
which, the credit card holder must initiate a charge back.
56 Charge Card A card that requires full payment of the balance before the end of
the billing period. It is not a line of credit and no interest is
charged.
57 Cheque
for Collection
An instrument drawn on another Bank or Branch tendered by a
customer of a Bank or by his representative, at the branch or in the
drop box provided for the purpose for collecting the amount of the
cheque.
58 Cheque
purchase
Bank may, at its sole discretion, purchase local/outstation cheque
tendered for collection at the specific request of the customer or as
per prior arrangement subject to levy of service charges.
59 Cheque return
fee / EMI return
fee)
This is a ‘service charge’ that would be levied in the account due
to return of cheque sent for collection/EMI cheque. Usually, both
the collecting bank and paying bank leavy cheque eturn charges on
their customers.
60 Clear Title When the property in question is free from any doubt, is not
disputed and is not having any encumbrances it is said to have a
clear title.
61 Co-borrower A person who applies for any loan with the primary borrower and
takes on the responsibility for repayment of the debt. This is done
to improve the eligibility for loan and simultaneously mitigating
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the risk of banks who can exercise the option of recovery from
both parties- jointly as well as severally.
62 Co-Branded
Card
It is a special type of credit card which is sponsored by both the
credit card issuing company and the participating retail company
or vendor. Co-branded credit card carries special deals and savings
from the participating merchants.
63 Collateral An asset pledged to a lender to guarantee repayment. Collateral
could include savings, bonds, insurance policies, jewelry, property
or other items that are pledged to pay off a loan if payments are
not made according to the contract. Collateral is not required for
unsecured credit card accounts.
64 Collected
Balance
The balance in a deposit account, not including deposited items
that have not yet been paid, or collected. See also Glossary term,
"account balance." It is also known as cleared balance.
65 Combined
Balance
Any combination of balances from linked accounts, such as
savings, current and CDs. Can be used to meet the balance
required to waive the monthly fee on some accounts.
66 Commitment Fee It is an interest, which is charged on a loan applicant if he doesn’t
withdraw the sanctioned loan within a stipulated time period.
67 Common Areas Areas such as staircase, lifts, sanitation ducts, electricity ducts, airconditioning
ducts etc. kept aside for common use by the property
owners. This area is generally divided proportionately in relation
to the size of property and charged accordingly.
68 Compound
Interest
Interest which is calculated not only on the initial principal but
also the accumulated interest of prior periods. The more frequently
interest is compounded, the higher the effective rate. In India
interest on loans and advances is compounded on monthly basis as
per RBI order.
69 Consolidation
Loan
If you owe money to several creditors, you can combine your
payments and balances into a single account with one creditor.
This can be done in several ways. For example, you can transfer
several high interest credit card balances onto one card with a
lower rate. If you own a home, you can consolidate your debt with
a low-interest home equity loan. Or, you can get a loan
specifically designed for this purpose.
70 Contact Point
Verification
This refers to contact by bank staff on the phone numbers/ address
provided by the customer to establish correctness of the contact
points. CPV is an important parameter in banks and a negative
verification can lead to decline of the banking facilities sought.
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71 Contract A written, oral, partly written partly oral or behavioral agreement
between two or more parties or people, which is legally binding,
can be termed as a contract.
72 Conveyance It is the process of legally transferring the ownership of interest in
land.
73 Co-sign To sign a credit agreement with someone and agree to share the
debt with that person or assume the debt if the other person
defaults and doesn't pay.
74 Co-signer
(Co-obligant)
A co-signer is a person who signs a loan or credit card with the
primary applicant, pledging to be responsible for repaying the loan
or debt in the event the applicant is unable.
75 Credit Appraisal This is the process for evaluating credit worthiness of any loan
proposal. This helps establish the risks involved in the proposal
and debt servicing capacity of the borrower. A wide range of
criteria viz. age of borrower, credit score, existing loan obligations,
nature/ sources/ stability of income etc. are taken into account.
Credit History of the person is an important criteria for sanction of
credit.
76 Credit Available The amount of unused credit that is available. Your credit
available is your outstanding balance subtracted from your total
credit line. For example, if your credit line is Rs 50,000 and you
have an outstanding balance of Rs 40,000, your credit available is
Rs 10,000, which means that you have Rs 10,000 of credit left that
you can use to make purchases with your credit card.
77 Credit Bureau
(Credit
Information
Company)
A credit bureau is a company that collects and shares information
about how you manage your credit. Many banks and credit issuers
regularly update the credit bureaus about your payment habits and
how much money you owe. Potential creditors may check your
credit report when you apply for a loan or a credit card. Reporting
to at least one Credit Bureau is mandatory in India.
78 Credit Card
Debt
The total unpaid balances on all of your credit cards (not to be
confused with the minimum amount you owe each month).
79 Credit Criteria Factors used by lenders to rate the credit worthiness or ability to
repay debt. They may include the following: income, amount of
personal debt carried, number of accounts from other credit
sources and credit history. A lender is free to use any credit-related
information in approving or denying a credit application
80 Credit History A financial profile of any person created by credit rating agencies
based on how he repays his bills, clears his debt and the amount a
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person owes to various credit card companies and other lenders.
81 Credit Limit It is the maximum amount of money one can draw on his account
based on prior sanction or approval from the bank. Borrowing or
drawing limit fixed by a bank for a customer depending on his
credit history, repaying capacity and relationship with bank.
82 Credit
Management
The way you handle the money you borrow from banks or credit
issuers. A good credit management will ensure optimum
utilization of borrowed funds and meet repyment obligations on
time.
83 Credit Report A credit report is a record of all of the information that credit
bureau have collected about the way you've managed your
finances over the last 5 years. It is the official record of how you
pay the money you owe to your creditors. The information on
your report can either qualify or disqualify you from obtaining
credit cards, mortgages, loans etc. An individual can obtain credit
report on himself from the credit bureau on payment of a fee.
84 Credit-worthy You are judged to be qualified to have credit.
85 Current Account An account used for commercial purpose. It attracts no rate of
interest and is generally charged by the bank with maintenance
charges. There is no limit to the number of transactions in this type
of account.
86 Custodial
Account
An account created for the benefit of a minor with an adult as the
custodian.
87 Daily Periodic
Rate
The interest rate factor used to calculate the interest charges on a
daily basis. The factor is computed by dividing the yearly rate by
365 days.
88 Debit Card A plastic card issued by a Bank for cash withdrawal from a/c(s)
through ATMs and payments at point of sale for purchases made.
Debit Card denotes immediate debit to the customer's account.
89 Debt An amount of money you owe to banks or credit issuers. More
specifically, it is the amount of money that you have borrowed.
90 Debt Ratio/Debt
Burden
An amount of money you owe to banks or credit issuers. It is the
percentage of your income that goes to paying your debts every
month. Debt ratio usually gives a clear picture of your overall
financial well-being. To calculate your debt ratio, first add up all
your monthly income including take-home pay (after taxes). Then
add up all your monthly payments for interest bearing loans and
accounts, such as mortgages, student loans, credit cards and car
loans. If you rent your home, include that amount, but do not
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include utilities and telephone charges because they can vary on a
monthly basis. Finally, divide your monthly payments by your
income. Multiply the result by 100 and that number is your debt
ratio percentage.
· A low ratio is under 20%, which means that you are in
good financial health and are doing a good job of
managing your money.
· A moderate ratio is between 21% and 40%. This means
that you should look carefully at your monthly payments
and start decreasing your overall level of debt, including
credit cards.
A high debt burden is over 40%. You should immediately stop
accumulating debt and start looking for ways to decrease your debt
or increase your income.
91 Default Failure to repay a loan according to the agreed upon terms.
92 Deferred
Payment
Payments put off to a future date or extended over a period of
time. Interest will usually still accumulate during deferment.
93 Delinquency When loan payments are not paid according to the terms of the
agreement/promissory note. Late fees are often levied on
delinquent accounts.
94 Deposit Money placed in a customer's account at a Bank/Financial
Institution.
95 Deposit at Call Receipts issued to customers for amount deposited and repayable
on demand. A facility normally extended for payment of earnest
money deposits in tenders.
96 Depreciation Depreciation means a decline in the value of capital asset. It
represents a cost of ownership and the consumption of an asset
over time.
97 Detailed
Statement
The detailed statement of account depicts the details of the
transactions in the account (ie. Loan disbursal, EMI credit, interest
debit, unpaid return of EMI, penal interest debit, if any, etc.).
98 Disclosure Information pertaining to the account services, fees and regulatory
requirements.
99 Disclosure
Statement
A disclosure statement details the actual cost of a loan, including
all estimated interest costs and loan fees. For credit card accounts,
this information may be found in the Card member Agreement.
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100 Disposable
Income
Disposable income is the amount of income left after deductions
such as income tax, pension contributions and personal insurance.
It is often known as 'take home pay' - the actual pay a worker
receives.
101 Documentation The legal or other papers to be signed and presented during the
loan process. It is also called the loan papers.
102 Dormant
Account
(In operative
account)
A bank account in which there have not been any transactions for
two years.
103 Down Payment The amount, which has to be paid by the borrower upfront while
taking a loan. This amount is generally 10% -15% of the total fund
required. It is also called the margin amount or margin money.
104 Draft A written, signed and dated order from one Branch of a Bank to
another , to pay a sum of money to a specific party.
105 Drawee The person or entity on whom a draft/bill is drawn by the drawer.
106 Drawer The party who draws or issues the draft/bill. In a Letter of Credit it
is the Beneficiary. The person who makes or draws a bill of
exchange or cheque is called drawer.
107 Due Date The day a payment is due to a payee/creditor. After that date, a late
fee can be charged, the payment can be recorded as late, and the
account considered overdue/delinquent.
108 Early
Repayment
Charge
(Prepayment
charge)
Charge that banks and financial institutions levy on borrowers
when they prepay the loan amount before the end of loan tenure.
Early repayment charge is also called prepayment penalty.
109 Electronic
Clearing Service
(ECS)
Electronic Clearing Facility: An inter bank arrangement where by
a customer can give instructions to his bank where he holds a
current or savings account to pay the monthly installments of
payments due on loans/credit cards held with another bank.
110 Electronic
Clearing Service
(ECS) Credit
ECS Credit is used for affording credit to a large number of
beneficiaries by raising a single debit to an account, such as
dividend, interest or salary payment.
ECS Credit can be utilised for payments like interest / dividend
etc. in the accounts maintained with other banks by another bank.
111 Electronic
Clearing Service
(ECS) Debit
ECS Debit is used for raising debits to a number of accounts of
consumers/ account holders for crediting a particular institution.
It is a scheme under which an account holder with a bank can
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authorise an ECS user to recover an amount at a prescribed
frequency by raising a debit in his account. The ECS user has to
collect an authorisation, which is called ECS mandate for raising
such debits. These mandates have to be endorsed by the bank
branch maintaining the account.
ECS Debit is normally used for collections, which include
payment of utility bills (electricity, telephone), collection of taxes
etc.
112 Electronic Funds
Transfer (EFT)
Any transfer of funds initiated by electronic means, such as an
electronic terminal, telephone, computer, ATM or magnetic tape.
113 EMI This refers to the Equated Monthly Installment (EMI) to be paid to
the Bank towards the loan taken by the borrowers on a monthly
basis. The EMI comprises of Interest and Principal component.
114 EMI Due date The payment due date assigned for the loan account to recover the
EMI.
115 E-Payment On line payment system that facilitates payment online from the
customer's account.
116 Expired Card A credit card whose validity date has passed is an expired credit
card.
117 Fiscal Year A fiscal year is a 12-month accounting period used by any
company and it does not necessarily follow the calendar year.
India fiscal year is April to March.
118 Fixed Deposit A deposit of funds in a bank under an agreement stipulating that
the funds must be kept on deposit for a stated period of time at a
predefined interest rate.
119 Fixed Rate Also called the fixed interest rate, it is a fixed amount of interest,
which is chargeable for a specified duration or for the entire tenure
of the loan.
120 Floating Rate Floating rate or variable interest rate as it is also called doesn't
remain fixed for the entire tenure of the loan. It varies according to
the market conditions. This rate is linked to an external, market
determined benchmark e.g. LIBOR. The lending is expressed with
a spread above or below the benchmark rate. Repricing takes place
after a predetermined period say, 6 months when the lending rate
will be revised with reference to the benchmark rate as on that day.
121 Floor Limit
(Credit Card)
Floor limit is the maximum amount; credit card brands like Visa
and MasterCard have set forth for a single transaction for specific
types of merchants, outlets and branches. An authorization is
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required, usually via a phone call to exceed the floor limit.
122 Foreclosure Foreclosure is a legal procedure whereby property pledged as
security for a debt is sold by the lender to pay the debt in the event
of default in repayment.
123 Fraudulent
Transaction
(Credit Card)
A fraudulent credit card transaction is one in which the rules and
regulations are not properly followed. Generally such transactions
are unauthorized by credit card holders and involve a lost, stolen,
fabricated, counterfeit and fraudulent processing of a credit card.
124 Guarantee A legal contract in which a person (termed as guarantor) agrees to
become liable for repayment of loan taken by another person
(termed as primary borrower) subject to the condition that the
primary borrower must be legally bound to repay the debt.
125 Half Year A period of 182 days if computed in days or six complete calendar
months.
126 Hire Purchase
Price
The total money to be paid by the hirer under the hire-purchase
agreement so as to complete the purchase of
vehicle/machinery/goods etc.
127 Hirer The person who takes the good on hire. If you purchase a car under
hire-purchase agreement with a finance company, then you
become the hirer.
128 Home Branch The branch where customer has opened his account after due
compliance with KYC norms.
129 Household
Income
Income from all sources including wages, commissions,
bonuses, dividends and interest of the members of a family.
130 Hypothecation Hypothecation is a charge that is created on movable asset as
security for a debt. However, the ownership as well as possession
of the asset is retained with the borrower.
131 Installment
Loan
A loan that you promise to pay back by paying the same amount
of money on a regular basis, usually monthly, for a specific period
of time. (Eg: EMI loan).
132 Interest Interest is the periodic amount credited/debited to a deposit/loan
account by a Bank based on accepted agreed terms and conditions
by the depositor and the Bank / the loanee and the Bank. Interest is
calculated at a specified percentage of the principal amount.
133 Interest and
Principal
A certificate issued for the loan confirming the details of the
interest paid and principal repaid for a completed financial year.
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certificate
134 Interest
Category
This refers to the interest category of the loan that was sanctioned
by the Bank. The interest category is allocated by the Bank based
on the customer’s request.
Variable (Floating)
The interest rates of the loans sanctioned under variable interest
rate category will be changed during the tenure of the loan at
specified intervals (see floating rate).
Semi Fixed
The interest rates of the loans sanctioned under semi fixed interest
rate category remains fixed for the period ‘stipulated’ by the Bank
in the terms and conditions of the agreement and/or sanction letter.
After the said period, the loan will be re-priced as agreed to
specified.
Fixed
The interest rates of the loans sanctioned under fixed interest rate
category remain fixed throughout the tenure of the loan.
135 Interest Rate The rate paid on an interest-bearing account, such as savings and
term deposit, also the rate charged on a loan or line of credit.
Different types of accounts and loans pay or charge different rates
of interest. Interest rate is specified in percentage term alson with
periodicity of calculation (say 8% per annum)
136 Introductory
Rate
The Annual Percentage Rate (APR) applied for a specific
introductory period. The intro rate is usually lower than the regular
APR. After the introductory period is over the rate switches to the
regular APR.
137 Inward
Remittances
Fund received through banking channels electronically or
otherwise for credit to a designated identifiable account.
138 Joint account Any account owned by two or more people. Joint accounts can be
operated jointly or by any one/more or survivor(s) or any other
mode mandated by the accountholders. Change in the mode of
operation requires the mandate of all accountholders
139 Late Payment Most charge and credit card bills list the date by which payments
are due. If you miss the due date, the account is considered past
due and you may be charged a late fee. Late payments may be
reflected on your credit report. If you have paid late numerous
times, it may be difficult to get additional credit.
140 Late Payment
Charges (fee)
When the payment towards credit card bill is missed beyond due
date or monthly installment towards repayment of a loan is delayed
the Card Issuing Bank / financier collects the payment / installment
along with the late payment charges.
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The late payment charge is also known as the delayed payment
charges or the overdue payment charges. The late payment charges
are fixed at the time of signing the finance contract.
141 Ledger Folio A set of 40 consecutive transactions in an account.
142 Legal Checks
(Scrutiny of Title
Deeds)
Before disbursal of a Home loan or loan against any property,
usually the bank conducts a legal check on the property being
offered as collateral. It involves screening all the documents etc
related to the property. This is done to ensure that the property in
question has a clear title.
143 Legal Judgment A court verdict that requires a person to do something, such as pay
a debt.
144 Liability Liability is the responsibility for a loan or credit account. When
applying for credit, a borrower agrees to be liable for any charges
to his or her account, including interest, fees and finance charges.
The liabilities are resources (sources of funds) which the business
mobilizes to acquire assets for running income. Like assets,
liabilities may also be of long term nature or short term nature.
145 Linked account Any account linked to another account at the same financial
institution so that funds may be transferred electronically between
accounts, and, in some cases, the combined balance may be used
to help meet the balance required to waive a monthly service
charge on one of the accounts.
146 Loan Agreement It is a written contract between the borrower and the bank or
financial institution providing the loan. The loan agreement details
the various aspects and terms and condition of the loan. The
borrower must read the loan agreement carefully as once he enters
into a legal contract with the bank by signing the loan agreement,
the terms become binding.
147 Loan
Disbursement
This is the second stage of the loan processing. Post sanction of
the loan, the Bank conducts necessary verification and validation
as per its credit criteria. The disbursal will be done on meeting the
credit criteria set by the Bank.
148 Loan Sanction This is the first stage of the loan processing. The ‘Loan Sanction
letter’ (Arrangement letter) is a confirmation to the customer on
the sanction of the loan facility.
(see credit appraisal).
149 Mandate The beneficiary communicates to the ECS user the details of
his/her bank branch and account particulars. Such authorisation
form is called a mandate. The beneficiary has to furnish a mandate
16
giving his consent to avail of the ECS facility.
It is a letter of authority given by an account holder to his banker
to allow certain named person to operate his/her account on his/her
behalf.
150 Margin Amount Margin Amount is the difference between the total cost of a project
and the sanctioned loan amount.
151 Market Value The value or price of the property prevailing in the market.
152 Marketable Title The title of a property, which is clear, and the owner of the
property have proper authority and rights to transfer the same.
153 Maturity Date Maturity date in respect of a fixed deposit account is the date on
which the proceeds will become liable for payment by the Bank.
154 MICR Code A unique 9-digit code assigned to each Bank branch by Reserve
Bank of India to facilitate sorting in clearing of instruments using
the Magnetic Ink Character Recognition Technology.
155 Minimum
Amount
Due/Minimum
Payment
The smallest amounts you can pay by the due date and still meet
the terms of your card agreement.
156 Minimum daily
balance
The lowest end-of-day balance in an account during a statement
cycle. It is often required to be kept in an account each day to earn
interest, avoid a service charge or qualify for special services.
(also see average daily balance)
157 Money
Laundering
Money laundering means acquiring, owning, possessing or
transferring any proceeds (or money) of crime or knowingly
entering into any transaction related to proceeds of the crime either
directly or indirectly or concealing or aiding in the concealment of
the proceeds or gains of cirme, within or outside India. It is a
process for conversion of money obtained illegally to appear to
have originated from legitimate sources.
158 Money Order A financial instrument, issued by a bank or other institutions like
post office, allowing the individual named on the order to receive
a specified amount of cash on demand. Often used by people who
do not have saving accounts.
159 Monopoly Monopoly is a form of market structure where there is solely one
company that provides a particular product or service, dominating
that market and generally exerting powerful control over it.
160 Monthly A monthly report prepared by a lender about the transaction
17
Statement carried on a particular loan account, outstanding balances, current
balances, fees and other charges, minimum payments (if
applicable) and other details. This written document is mailed to
the borrower.
161 Mortgage Mortgage is a written constructive pledge of property that is used
as security for the repayment of a loan.
162 Multicity
Cheque
Cheque issued by a customer under a pre - approved arrangement
with the Bank whereby the Bank agrees to pay them at designated
centres and branches in the country.
163 National
Clearing Cheque
Those cheque that are drawn on other banks and payable at major
cities of the country (as Per RBI list of centres participating in
national clearing) are called as National Clearing Cheque.
164 National
Electronic Funds
Transfer
(NEFT)
An Electronic Payment System in which payment instructions
between banks are processed and settled on deferred net settlement
(DNS) basis, which settles transactions in batches at fixed times
during the day.
RBI acts as the service provider and transfers the credit to the
other bank's account. Customer can send funds from any bank
branch to other bank-branches, which have IFS Code, and joined
in NEFT network. NEFT is enabled only in specific bank
branches across India. A list of these branches is available in the
RBI website.
165 Net Worth Net worth is equal to all that you own less all that you owe. It is
the total of all assets minus the total liabilities of an individual or
company.
166 No Dues/ No
Objection
Certificate
A certificate issued on closure of the Loan/Overdraft account,
where the Bank affirms that the dues have been paid towards
loan/overdraft facility and also a confirmation that the Bank has no
objection in releasing the charge on the security or other banks
considering sanction of loan to the person concerned.
167 Nomination
facility
Section 45zA of the Banking Regulations Act, 1949 provides that
a depositor or depositors of a banking company may nominate one
person to receive the deposit in the event of the death of the
depositor(s). Nomination facility is also provided for articles in
safe custody with banks and in safe deposit lockers.
168 Non-bank ATM
(white lablled
ATM)
An ATM or cash machine that does not prominently display a
bank's name or logo. Fees generally apply to cash withdrawals at
non-bank ATMs. Non-bank ATMs generally do not accept
deposits. In India Non-banks ATMs are not permitted
18
169 Non-Home
Branch
The other networked branches of a Bank under the Core Banking
system that facilitate conducting of transactions to a customer
having his account with a 'Home' branch.
170 Non-performing
Assets (NPA)
Any loan account that has been classified by a bank or financial
institution as sub-standard, doubtful or loss assets in terms of asset
classification norms of RBI.
171 Non-taxable
Income
Money you earn that is not taxed by the Government. This money
can come from several sources including disability pay or legal
settlements due to personal injury.
172 Obligation of the
Borrower
The things, which a borrower has to take, care of after taking the
loan. These include proper repayment, providing the banks with
post-dated cheque and following the terms written in the loan
agreement carefully.
173 Online Banking A service that allows the account holder to access their account
information and conduct a set of pre defined banking transactions,
such as bill payment, fund transfer using the Internet facility.
However, a customer needs to have Customer ID and a unique Net
Banking Password in order to undertake this facility.
174 Outstanding
Balance
The total amount that you owe on a credit card or other loan.
175 Outstanding
Cheque
Outstanding cheque is issued by the company but not yet cleared
by the bank. In preparing the bank reconciliation, it is deducted
from the bank balance. The exception is an uncleared Certified
cheque, which is not considered outstanding since both parties, the
company and the bank, know about it and have subtracted it.
176 Outstation
Cheque
Cheque deposited by the customer of a branch for credit to his/her
account and not payable at Local clearing at the centre where the
branch is situated.
177 Outward
Remittances
Remittance of funds from the account maintained by a customer or
separately on his instructions to another account with the same
bank or another banks in the manner indicated by the customer
(Demand drafts, electronic funds transfer, telegraphic transfers
etc.). Banks may levy service charges for affecting the
remittances.
178 Over the Credit
Limit
(Credit Card)
When the amount you owe is more than the limit on your credit
line. Any combination of purchases, cash advances, fees or finance
charges may cause you to exceed your credit limit.
For example, you will be over the credit limit if you spend Rs.
20,000 when you have Rs. 10,000 of your credit line left. If you go
19
over your credit limit, you will be charged an extra fee each month
until the amount of money you owe is less than or equal to your
credit line.
179 Overdraft An overdraft occurs when you do not have enough available funds
in your account to cover a cheque or other withdrawal, but the
bank pays the items and overdraws your account.
180 Overdraft
Protection
A service that allows a account to be linked to another account that
helps provide protection against returned items or overdrafts.
When your checking account does not have sufficient available
funds to cover a cheque, funds are automatically transferred from
the available balance in the linked account to cover the cheque.
Choices can include using a savings account, credit card or a line
of credit account as the linked account to provide protection.
181 Overlimit Fees Whenever a credit card holder crosses his credit limits an overlimit
fees is charged on his account.
182 Partprepayment
Making Partial prepayment towards the Principal of the loan
account.
183 Partprepayment
fee
The quantum of charges levied at the time of Part pre-payment.
184 Passbook Book issued by a bank or financial institutions to record deposits,
withdrawals, and interest earned in a savings account.
185 Past Due The status of an account when the minimum payment has not been
received by the due date.
186 Payee
(Drawee)
The person who receives a payment. This often applies to cheque.
If you receive a cheque you are the payee and the person or
company who wrote the cheque is the payer or drawer.
187 Payer
(Drawer)
The person who makes a payment. This often applies to cheque. If
you write a cheque you are the payer and the recipient of the
cheque is the payee.
188 Penal interest Additional interest, over and above the contracted rate, that is
levied by lenders on amounts that remain unpaid beyond the due
date and / or non-adherence to the terms of sanction.
189 Penalty on
Premature
Withdrawal of
Fixed Deposit
It is a penalty on the premature breakage of a Fixed Deposit. If a
customer keeps a deposit with a bank for a fixed tenure and in the
event of the depositor withdrawing the deposit before the due
maturity date, the banks can charge a Penalty sum on premature
withdrawal.
190 Periodic Rate The interest rate described in relation to a specific amount of time.
20
For example, the monthly periodic rate is the cost of credit per
month; the daily periodic rate is the cost of credit per day.
191 Personal
Identification
Number (PIN)
Personal identification number (PIN) is a secret number given to
an account holder to be used when they put their credit card or
cash card into an automatic teller machine (ATM). If the number
they use is correct they will be allowed to access their account.
192 Plinth area The external area of the whole building including the balconies but
excluding the common area in apartment blocks, commercial
buildings and spaces.
193 Point Of Sale
(POS)
Point of Sale refers to the location at which a payment of a card
transaction occurs, usually by way of a device such as a credit card
terminal or cash register.
194 Post Dated
Cheque (PDCs)
Mode of
Repayment
A payment mode wherein the customer provides Post Dated
Cheque (PDCs) for the repayment of the loan dues.
195 Postal Charges Charges for dispatch of instruments for collection/remittances on
behalf of a customer. Normally postal charges are recovered from
instrument on actual basis.
196 Posting Date The date that a purchase, cash advance, fee, service charge or
payment is recorded on your charge or credit account.
197 Power of
Attorney
It is an instrument of law empowering a specified person or
persons to act for and in the name of the person executing it. The
person for whom the act is done or who is so represented is called
principal. The person who is so authorized to do or represent is
called agent. It may be either notarized or registered depending on
the transaction.
198 Pre-Approved
Credit
Credit card or a line of credit that is approved based upon
available data without further information supplied by the
potential Card member.
199 Pre-Closure Closure of the loan account prior to the tenure fixed for the
account.
200 Prepayment When a portion or the entire amount of the principal of a loan is
paid before it is due.
201 Previous
Balance
The total balance due at the end of the last billing cycle.
21
202 Prime Lending
Rate
The minimum short-term interest rate charged by commercial
banks to their most creditworthy clients. It is a reference interest
rate used by banks for its lending purposes.
Note: The Benchmark Prime Lending Rate (BPLR) used by
banks for loan pricing till June 30, 2010 was different from
this as BPLR was a reference rate based on average cost).
203 Prime Rate The Prime Rate is the rate on which each bank fixes its own prime
lending rate for advances.
204 Principal
Outstanding
The balance principal amount in the loan (i.e. Loan amount
disbursed less Principal repaid till date) taken from the Bank.
205 Processing Date
(card
transaction)
It is the date on which the transaction is processed by the acquiring
bank.
206 Processing Fee The charges colleted by the Bank to process the customer’s loan
application.
207 Promissory Note A promissory note is a binding legal document that a borrower
signs to obtain a loan. It lists your rights and responsibilities under
the loan agreement, including how and when the loan must be
repaid. Rights and responsibilities for credit card accounts are
listed in the Card member Agreement.
208 Property Tax The tax levied by local corporations, municipal bodies on a
property. This tax has to be paid by the legal owner of the
property.
209 Provisional
Interest and
Principal
Certificate
A certificate issued informing the ‘projected’ interest payment and
principal repayment for the loan account for the upcoming
financial year based on the current financial year. This helps
borrower in tax planning.
210 Real Time Gross
Settlement
(RTGS)
RTGS is a system through which electronic instructions can be
given by banks to transfer funds from their account to the account
of another bank. The RTGS system is maintained and operated by
the RBI and provides a means of efficient and faster funds transfer
among banks facilitating their financial operations. As the name
suggests, funds transfer between banks takes place on a ‘real time’
basis. Therefore, money can reach the beneficiary instantaneously
and the beneficiary’s bank has the responsibility to credit the
beneficiary’s account within two hours.
211 Recurring
Billing
In recurring billing the credit card holder authorizes a merchant or
vendor to charge his credit card on a regular basis.
212 Reference A person who can vouch for your reliability, employment history
22
or other factor needed to determine your creditworthiness/
employability.
213 Refinancing Repayment of existing loan by a fresh loan, usually on better terms
and conditions. In case of loans secured through mortgage of
property etc., the same asset is taken over as security. Banks also
refinance their loans to certain category of borrowers through
specified refining agencies which provide refinance with matching
repayment schedule.
214 Repayment The process of returning of the borrowed loan amount. The
repayment has to be made for the entire tenure of the loan amount.
Based on fixed or floating interest rates on the loan amount, the
banks or financial institution decides on an EMI which has to be
paid on or before a date mentioned in the loan agreement every
month.
215 Repayment
Holiday /
Moratorium
period
A specified period of time during which recovery of loan remains
suspended under a mutual agreement between the lender and the
borrower. Interest continues to be charged on the loan during this
period.
216 Repayment
Mode
It refers to the payment instruction given by the customer for the
repayment of the loan dues. Cash, cheque, ECS and other
electronic channels are the primary payment modes.
217 Repayment
Schedule
(amortization
schedule)
The repayment schedule provides the details of the interest and
principal components of the EMIs payable by the customer on a
monthly basis.
218 Repo Rate Repo Rate is the interest rate for secured overnight or short term
financing involving the sale and repurchase of securities. It is
basically the rate at which RBI lends to commercials banks for
meeting the short term deficits. RBI varies Repo rate from time to
time to achieve its monetary policy objectives.
219 Rests Rests refers to the length of time between the dates on which the
interest (on loans and deposits) is compounded. Eg: monthely,
quarterly, half-yearly, yearly.
220 Returned
Cheque
When you do not have enough available funds in your account
(including any overdraft protection transfer from another account)
to cover a cheque, the bank may decide not to pay the cheque and
to return it to the payee. A returned item fee may be charged to
your account.
23
221 Revalidation Duly authenticated extension of the validity period for
negotiation/payment of cheque/draft or a negotiable instrument.
222 Reverse
Mortgage
A financial product, which provides senior citizens with funds
against their home equity. Senior citizens can get a regular amount
monthly, quarterly or as a lump sum. They can live in their homes
for their lifetime and after that banks can recover the amount by
selling the property or if the heirs of the property want they can
claim it by repaying the dues to the bank.
223 Revolving Credit A credit agreement that allows consumers to pay all or part of the
outstanding balance on a loan or credit card. As credit is paid off,
it becomes available again to use for another purchase or cash
advance.
224 Reward Points
(Cards)
A loyalty scheme that supplies benefits based upon the card's
usage. Benefits are usually in the form of points that can be
redeemed for gift vouchers, gift items or services, such as airline
tickets, discounts on purchases or cash refunds. The credits
accumulated toward these benefits are often a percentage of each
purchase.
225 Safe Custody Documents and articles placed with the Bank for safe keeping
under mutually agreed terms and conditions and payment of
fee/rent on a regular basis.
226 Sale deed It is a legal document, which transfers the ownership of the
property or objects for a mentioned price. Every sale deed has to
be registered with appropriate authority.
227 Savings Account An account maintained by a customer with a bank for the purpose
of accumulating funds over a period of time. Only the account
owner or a duly authorized agent may withdraw funds deposited in
a savings account. It attracts a modest rate of interest, which is
fixed by RBI and is considerably lower than the rates applicable
on the Fixed Deposits. There is generally a limit on the number of
transactions that can be done without attracting a charge.
229 Secured Card A credit card that is guaranteed by a cash deposit held in a special
savings account or certificate of deposit. The deposit must remain
in the account until the credit line is closed or the issuer decides
security is no longer necessary. The credit line on the card is
usually equal to the amount of the deposit. If the Card member
defaults on the card, the issuer will apply the deposit toward the
outstanding balance.
229 Secured Debt Debt for which repayment is guaranteed through collateral
property of equal or greater value than the amount of the loan. If
24
you do not repay the loan, the issuer may take possession of the
collateral. Collateral may be an asset such as a car or a home or, in
the case of a secured credit card, a cash deposit held by the issuer.
For example, a mortgage is a secured debt in which the home is
collateral. If the person fails to repay the loan, the bank may take
the home as payment.
230 Security
Documents
This refers to the list of original documents to be collected from
the customer towards the security of the loan amount
sanctioned/disbursed
231 Service Charges Charges levied by a Bank for providing various banking services.
(The Tariff Schedule for commonly availed banking services is
displayed on the Branch Notice Board and on the Bank's Website.)
232 Simple Interest Simple interest is calculated solely as a percentage of the principal
sum from the date of the availment to the date of repayment (also
see compount interest).
233 Stamp Duty It is the duty to be paid to appropriate authority on the different
documents used in the loan process. Stamp duty varies from state
to state and the stamp duty should be adequate enough so as to
make the documents valid and enforceable.
234 Standing
Instruction
Signed instructions given by a customer to his/her Bank to make
regular transfer of funds for specified purposes and valid for the
period indicated by the customer until the instruction is
withdrawn.
235 Statutory
Liquidity Ratio
(SLR)
SLR is the portion that banks need to invest in the form of cash,
gold or government approved securities. The quantum is specified
as some percentage of the total demand and time liabilities of the
bank and is set by the Reserve Bank of India (also see Cash
Reserve Ratio).
236 Stop Payment When you ask a bank not to pay a cheque or payment you have
written or authorized. Stop payments are generally placed on lost
or stolen cheques or on cheques related to disputed purchases.
Banks usually levy charges for registering stop payment
instructions.
237 Stored-Value
Card
Stored-value card is a special type of credit card, which has a
stored money value. Stored value card can be reloadable, in which
case more money can be added to the stored value card and can be
reused.
238 Surcharge Surcharge is an additional charge imposed for a specific service,
product or purpose. It is a fee charged on a card transaction by the
25
acceptor to cover the additional cost of taking a card rather than
cash or cheque.
239 Taxable Income Any money you earn or receive - such as salary, bonuses or
interest from investments - that can be taxed by the government.
Taxable income is the Total Income net of permissible deductions.
240 Tenure of the
Loan
The repayment period assigned for the account.
Total Tenure - The period for which the loan has been granted
Balance Tenure - The balance period for which the EMIs need to
be paid. Personal loans, car loans, education loans have shorter
tenures as compared to home loans. Some banks and financial
institutions extend the loan tenure for an extra fee or a slight
increase in interest rates.
241 Tenure of Fixed
Deposit
It is the period for which a customer deposits a sum of amount
with a Bank. This tenure is generally fixed and the customer
cannot withdraw his deposit before the tenure expires. The amount
can be withdrawn before the fixed tenure by paying pre-payment
penalty.
242 Time deposit An account for a fixed term with the understanding that the funds
will remain on deposit until the end of the term. Penalties for early
withdrawals may apply.
243 Transaction
Account
Linked Home
Loans
A special home loan that allows the customer to link a transaction
account to his/her loan account. The interest is then calculated
periodically on the loan outstanding less balance maintained in the
transaction account. These loans help the customer reduce their
interest payment by parking their extra liquidity in the linked
account. Majority of the Home Loan players today offer this
product under different names.
244 Transaction
Date
The date a purchase is made or cash is withdrawn. Some
companies assess interest from the transaction date, others from
the posting date. (See processing date)
245 Transaction Fee An extra charge for various credit activities such as using an ATM
or receiving a cash advance.
246 Transfer of
funds
A movement of funds from one account to another.
247 Travelers
cheque
Travellers' cheque - are issued through banks acting as sales
agents, or sold directly to the public. The purchaser pays for the
cheque in advance, and signs them twice - once when ordering the
cheque and once when cashing them. The cheques are payable by
the issuing company, sold in numerous foreign currencies, and are
insured against loss or theft
26
248 Uncollected
funds
Refers to items deposited in an account that have not yet been
collected, or paid, by the bank on which they were drawn
249 Unsecured Debt This is debt that is not guaranteed by collateral; therefore, no
assets are committed in the event of default. If the issuer is unable
to collect on the loan, its value is lost. Most credit cards are
unsecured.
(As the Card member’s promise is the only guarantee, credit card
issuers require more information regarding income and credit
history than with a secured loan.)
A loan where no collateral or security is given or charged to the
lender. Unsecured lending is viewed as higher risk than secured
lending and interest rates are generally higher to reflect this.
250 Valuation Before disbursal of a loan against a property, usually the bank
conducts a valuation check on the property being offered as
collateral. This is done to find out the market value of the
property. The value of the property will be a factor considered
while granting the loan.
251 Variable
Expenses
Variable expenses are those that can change from month to month.
Variable expenses include necessities that can be reduced (such as
food and utilities) and non-essentials that could be eliminated
(e.g., long distance telecall charges, cable, magazine subscriptions,
etc). Reducing these expenses is the simplest step in getting
control of your finances.
252 Variable Interest
Rate
An interest rate that is not fixed but can vary within a pre-fixed
band by the loan-issuing bank. For example some credit card
issuers charge variable Interest rate on the outstanding un-paid
balance depending upon the credit score or credit
behavior/payment pattern of the customer.
An interest rate that is not fixed but can vary within a pre-fixed
band by the loan-issuing bank. For example some credit card
issuers charge variable Interest rate on the outstanding un-paid
balance depending upon the credit score or credit
behavior/payment pattern of the customer. (See floating rates)
253 Wire transfer An electronic payment service for transferring funds by wire (for
example, through the Federal Reserve Wire Network or the
Clearing House Inter Bank Payments System).
254 Withdrawal A removal of funds from an account.
255 Zero Balance Zero balance is when the total outstanding balance is paid and
there are no new charges or cash advances during a billing cycle.
27
256 Zero Liability
Protection
A bank guarantee. If your card is lost or stolen, you may not be
responsible for unauthorized purchases made with your card if you
report the theft promptly. The Zero Liability Protection program is
free and automatically available on all bank consumer credit cards.
*********

Recent Judgments for Bankers

Vijay Power Generators Limited vs (1) Sumit Seth; (2) Tarun Engineering Syndicate  [DELHI HIGH COURT, 09 May 2014]

Sagar Builders and Developers and others vs State Bank of Patiala and another  [PUNJAB AND HARYANA HIGH COURT, 06 May 2014]

Shree Shyam Cotex Private Limited vs State Bank of Patiala and another  [PUNJAB AND HARYANA HIGH COURT, 06 May 2014]

Bank of Rajasthan Limited vs (1) Dr. Suryakant Sukhdeo Gite; (2) Gurubalaji Builders Through Partner Hiru Chimandas Gurusahani; (3) Vinod Boloomal Panjabi; (4) State of Maharashtra [BOMBAY HIGH COURT, 05 May 2014]
Banking & Finance - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, s.34 - Code of Civil Procedure, 1908, O.7, r.11 (d) - Hypothecated property - Rights of bonafide purchaser - Proceeding was filed to challenge the order made by Civil Judge - Revision applicant/Bank had filed application as defendant under the provisions of O.7, r.11 (d) of CPC and had requested to reject the plaint - It was the case of Bank that there was bar of provision of s.34 of Act - It was contended that when the borrower became defaulter and applicant visited the flat they realized that the same flat was sold to instant buyer by the builder, developer - It was contended that as notice was issued u/s.13 (2) of Act on 14-7-2004, there was no possibility of selling the flat even by the borrower to the respondent No.1 after that day - It was contended that on 28-2-2005 by joining hands, the builder and borrower made correction deed - It was contended that as prior to date of correction deed, the notice was issued under the Act and as the said correction was not binding on applicant, in view of the transaction already made with applicant, the respondent No. 1 could not get any right under the sale deed executed in his favour - Applicant contended that in view of the provisions of the Act and particularly s.34 of Act, Civil Court's jurisdiction was barred - Application was rejected by Trial Court by holding that respondent No. 1 was not the borrower of applicant and in view of nature of relief claimed by the plaintiffs, the suit was tenable in Civil Court -Held, submissions made and the record show that flat was sold to borrower, respondent No. 3 by respondent No. 2, builder in the year 2002 and it was within the knowledge of the builder that the flat was mortgaged with the bank as the bank had directly made the payment to the builder - In view of the facts and circumstances, it could be said that it was not possible for the builder to sell the same flat to respondent No. 1 - After selling the same flat to respondent No. 1, the correction document was made by builder and the borrower - These transactions could not bind the applicant - In any case, when notice u/s.13 (2) of Act was issued by applicant, no such step could have been taken in respect of flat by the borrower - Purchaser could stand in the shoes of borrower only - It could not be said that in the instant matter, the Civil Court had jurisdiction - It was observed that when applicant would take measures under the provisions of the Act as provided under section 13 (4) of Act for recovery of loan amount, the remedy open to the person affected was to approach D.R.T. and not Civil Court - Jadish Singh Vs. Heeralal & Ors. 2013 Indlaw SC 720, relied on - In the instant matter, it could be said that in view of the facts and circumstances, the respondent No. 1 could not say that he had independent rights from that of the builder, respondent No. 2 or borrower, respondent No. 3 - Respondent No.1 ought to have made inquiry about the title before purchasing flat - It could be said that it was difficult for the respondent No. 1 to prove that he had no knowledge about previous transaction - HC had no hesitation to hold that the Civil Court had committed error in rejecting the application filed by applicant - Revision allowed.


Khoday India Limited and another vs Rakesh Gupta  [DELHI HIGH COURT, 01 May 2014]

State Bank of India, Represented by its Manager, Gulbarga vs (1) Thimmyya S/o Yallappa Naganur; (2) State of Karnataka, through Principal Secretary to Government Law and Justice & Human Rights Department, Bangalore  [KARNATAKA HIGH COURT, 24 Apr 2014]
Banking & Finance - Practice & Procedure - Legal Services Authorities (Amendment) Act, 2002 - Legal Services Authorities Act, 1987, ss. 2(1)(e), 22A, 22C - State Bank of India Act, 1955 - Public utility service - Declaration - Respondent no. 1 filed petition before Single Judge - Single Judge allowed the petitions and held that Govt. which controls service only was empowered u/s. 22A of the Act to declare that service as a public utility service - Hence instant appeals challenging correctness of said view - Whether impugned order passed by Single Judge was sustainable -Held, appellant was one of public sector Banks and service provided by public sector Banks could not be construed as service provided by Central Govt. - It was relevant to state that appellant was constituted under a parliamentary enactment, The Bank was a body corporate and was managed by Central Board of Directors and guided by Central Govt., in law, appellant could not be equated to Central Govt., even if any service was provided by Govt. company or a Govt. Controlled Company, it could not be said that service was provided by Govt. - Govt. and Govt. owned companies were not same in law - State was well within its power u/s. 22A of the Act in declaring service provided by Banking and Financial Institutions in State to be public utility service - Notification issued by Govt. was accordingly valid - In view of publication of notification in official Gazette, intention of State Govt. was obviously to declare service to be public utility service - However, notification could have been more appropriately worded conforming to language employed in s. 22A of the Act - Impugned order of Single Judge was unsustainable in law and was accordingly set aside - Appeals allowed.


(1) Savita Bhagwantrao Patil; (2) Chaitanya Bhagwantrao Patil vs (1) Shyam Pukhraj Asopa; (2) Manager/Managing Director, Abhinandan Co-operative Bank Limited  [BOMBAY HIGH COURT, 24 Apr 2014]
Banking & Finance - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, s.34 - Suit of dispossession - Decreed - Maintainability - Suit was filed (i) for relief of declaration that the Sale Deed executed by the plaintiff in favour of defendant no. 1 was void and - (ii) To restrain the defendants from dispossessing the plaintiffs on the basis of the said Sale Deed - Later relief (iii) was in effect to restrain the Bank from realising it's non-performing assets under Act - Preliminary issue was raised before Trial Court objecting jurisdiction of the Court to entertain and try the suit - Trial Court framed the preliminary issue and heard the parties - Trial Court refused to entertain the suit for seeking the relief (ii) of injunction for want of jurisdiction but directed the parties to proceed further in view of prayer cl. (i) regarding declaration sought - As the Bank had already initiated proceedings under Act, the Civil Court refused to entertain prayer for injunction by well-reasoned order - First Appellate Court affirmed the order passed by Trial Court - Whether the Courts below were right in holding that the suit claiming the consequential relief of injunction restraining the respondents/defendants from dispossessing the appellants / plaintiffs from the suit property was barred by the provisions of s. 34 of Act -Held, if remedy was made available statutorily, it should be exhausted first before the Civil Court of ordinary jurisdiction could be approached upon afore-emphasized grounds - Conclusion was that when the remedy was specifically made available and specific remedy of injunction was carved out of the ordinary jurisdiction of the Civil Court under the special statute, such statutory remedy had to be exhausted first by the parties in accordance with special statutory provisions and then only the aggrieved party might approach the Civil Court if there was violation of fundamental judicial procedure or if process of law was abused by the statutory forum/Tribunal or that it acted in violation of the provisions of the Statute - That being the position, if, in view of averment in the plaint, the plaintiffs had statutory remedy, the plaintiffs should first approach the statutory forum for an order of injunctive reliefs available under the Statute against the respondents including the Bank concerned - Hence, no interference was required in the impugned judgments and orders in the facts and circumstances of the case - Substantial question was answered accordingly - Appeal dismissed.


Vijay Power Generators Limited vs Annai Engineering Works and another  [DELHI HIGH COURT, 22 Apr 2014]
Criminal - Banking & Finance - Practice & Procedure - Negotiable Instruments Act, 1881, s. 138 - Cheque bounce - Acquittal - Sustainability - Respondent accused issued cheques to appellant complainant for consideration - When cheques were presented for payment to bank were dishonoured with remarks 'Account already closed'/'Not arranged for' - Appellant complainant filed complainant against respondent u/s. 138 of the Act - Trial Court dismissed the complainants against respondent - Hence instant appeals - Whether the order of Trial Court was sustainable -Held, respondent failed to discharge statutory onus placed on him to prove that the cheques in question were without consideration - Evidence produced by appellant proved that sum of Rs.6,71,326/- was due to appellant - Hence, impugned orders was set aside - Respondent was convicted u/s. 138 of the Act and was sentenced and imposed fine - In default of payment of fine respondent should undergo imprisonment for 6 months - Appeals disposed of.



Vasu P. Shetty vs Hotel Vandana Palace and others  [SUPREME COURT OF INDIA, 22 Apr 2014]
Banking & Finance - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, s. 18 - Default in repayment of loan - Auction sale - Challenged - Respondent borrower took loan from Bank - Payment was defaulted and bank took action under provisions of the SARFAESI Act - Bank took formal possession of mortgaged property which was given as surety for due discharge of loan, said property was put to sale - Appellant was highest bidder which resulted in issuance of sale certificate - Respondent challenged said sale by filing application before Tribunal Which was dismissed - Respondent filed petition before HC - Single Judge dismissed the petition - Appeal against order of Single Judge was filed before DB - DB set aside sale of the property - Hence instant appeals - Whether there could be waiver of mandatory condition and whether this waiver should be discerned -Held, borrower tried to thwart earlier attempts of bank in selling property - When first notice was issued, respondent filed writ petition - Further bid of appellant which was accepted was in sum of Rs.2.16 crores and after second auction when Bank requested borrower to accept bid of Rs.2.25 crores giving its reasons and borrower instead of doing so took initiative resulting in OTS but defaulted therein, it indicated that borrower was at fault in not adhering to OTS, by no logic it should be deduced there from that Bank was relieved from its obligation not to follow mandatory procedure contained in Rules, while taking fresh steps for disposal of property - Conduct should not be taken as waiver to mandatory condition of 30 days' notice for auction as well as other requirements and for examining plea of waiver, borrower had waived aforesaid mandatory requirement when property was put to sale, Court did not find, nor it was suggested that even slightest move on part of borrower in this regard which might amount to waiver either express or implied - On contrary, when notice was published, borrower immediately filed petition and challenged auction notice - Thus, its conduct, far from waiving aforesaid requirement, was to confront bank by questioning its validity - It was different matter that it had to withdraw said petition in view of availability of alternate remedy - Immediately, it filed application u/s. 18 of the SARFAESI Act - There was, thus, not even iota of material suggesting any waiver on part of borrower - Moment it was found that mandatory requirement of Rules had not been waived by borrower, consequences in law have to follow - Further, appellant had no answer to many other infirmities pointed out by HC and therefore, instant appeals lack merit - Appeals dismissed.



Directorate of Small Savings and Lotteries Govt. of (NCT Delhi) vs Nirmal Lotteries and another  [DELHI HIGH COURT, 21 Apr 2014]

(1) Mukesh Golcha S/o Mulchand Golcha; (2) Zonal Manager Union Bank of India, Patna; (3) Regional Manager Central Bank of India , Patna; (4) Chief Manager, Central Bank of India, Patna vs (1) Kishore Kumar Sharma S/o Late Madheshwar Prasad Sharma; (2) Meena Devi W/o Kishore Kumar Sharma; (3) Sangeeta Kumari W/o Rajesh Kumar Sharma; (4) Anjana Kumar D/o Late Ram Keshwar Prasad Singh; (5) Zonal Manager Union Bank of India, Patna; (6) Regional Manager Union Bank of India, Patna; (7) Senior Legal Officer Union Bank of India, Patna; (8) Senior Debt Recovery Manager Union Bank of India, Patna; (9) Branch Manager Union Bank of India, Patna; (10) Union of India Through the Secretary Finance Department, New Delhi  [PATNA HIGH COURT, 18 Apr 2014]

Devi Ispat Limited and another vs State Bank of India and others  [SUPREME COURT OF INDIA, 16 Apr 2014]
Banking & Finance - Practice & Procedure - SARFAESI Act, 2002 - Statutory Remedy - Petitioner had availed of credit facilities from the respondent (SBI) with an overall limit of Rs. 29.5 crores - This credit facility was enhanced from time to time to Rs. 68.5 crores and petitioner sought a further enhancement to Rs. 93 crores but that was not sanctioned - Respondent informed appellant that its cash credit account was irregular inasmuch as the outstanding was about Rs.11.7 crores against the permissible limit of Rs. 5.6 crores - Petitioner was also informed that it was not servicing the interest of cash credit, Foreign Currency Non- Resident Bank Account etc. - It was also informed that appellant's account was heading for becoming a non-performing asset (NPA) and petitioner was requested to regularize all its accounts by 14-1-2013 failing which there would be no alternative but to call up the advance - Respondent then issued a notice to petitioner u/s. 13(2) of Act on 28-1-2013 demanding payment of the outstanding liabilities due to the extent of about Rs. 17.9 crores, $ 1.11 crores (of the FCNB account ) and interest - Petitioner filed a writ petition challenging, inter alia, the declaration of its being an NPA and for setting aside the previous letters issued by the respondent - Single Judge dismissed it and held that petitioner had an alternate statutory remedy u/s. 13(3A) of Act to make a representation against the letter issued u/s. 13(2) of Act thereof - DB upheld the order of the Single Judge - Hence, instant appeal - Whether order of the Single Judge as affirmed by the DB could be upheld -Held, firstly petitioner had an alternate remedy to make a representation to the respondent under the provisions of s. 13(3A) of Act - Secondly, petitioner did in fact make a representation to the respondent u/s. 13(3A) of Act and that representation was rejected on 2-4-2013 during the pendency of the intra court appeal - Thirdly, respondent had taken possession of the secured assets of petitioner u/s.13(4) of Act - On the facts on record and the statutory remedy having been availed of, SC see no reason to interfere with the impugned order passed by the HC - Petition dismissed.








Bhagwati Mahila Khadi Gram Udyog Sansthan and another vs District Magistrate, Haridwar and others  [UTTARAKHAND HIGH COURT, 15 Apr 2014]

Allahabad Bank vs (1) Shivganga Tube Well, Nizamabad; (2) T. Janardhan Reddy S/o Rajeshwar Reddy; (3) G. Ram Reddy S/o Venkat Reddy; (4) T. Shantakumari W/o Janardhan Reddy; (5) S. Narayana S/o S. Kingayya; (6) S. Laxmibai W/o S. Narayana  [BOMBAY HIGH COURT, 09 Apr 2014]
(A)Banking & Finance - Recovery of money from guarantors - Legality - Appellant/ Bank's suit for recovery of an amount of Rs. 27,76,137/- and for preliminary decree for sale of the mortgaged property for recovery of the said amount was decreed against the borrower/respondent/defendant No.1, but was dismissed against the guarantors i.e. respondent Nos. 2 to 6 - Hence instant appeal - Whether the respondent Nos. 2 to 6 executed guarantee-deed -Held, respondent Nos. 2 to 6 had denied all the averments of the appellant made in the suit - Respondent Nos. 2 to 6 denied that they had any knowledge about the loan transaction between the appellant and respondent - Respondents No. 2 to 6 further denied that they had, at any point of time, approached the appellant and agreed to stand as guarantors for the loan to be advanced to the respondent No. 1 - It was held by the Trial Court that respondents Nos. 2 to 4 had executed the agreement of mortgage while only respondent No. 6 had executed actual mortgage - Further certain contradictions between the statements of the plaintiff's witness as to who was present at the time of execution of the guarantee-deed were highlighted by Trial Court - Out of all the respondents, only respondent No. 3 entered the witness box - Trial Court, however, held that though the respondent No. 3 witness had admitted the signatures of himself in the cross-examination and also of respondent Nos. 2 to 5, their admissions would not be binding on the other respondents - Civil Judge, Senior Division, however, did not draw any adverse inference when the respondents who did not enter the witness box to deny the execution of those documents - Thus, findings of Trial Court in that regard unfortunately were perverse - Appeal allowed.


(B) Banking & Finance - Recovery of money from guarantors - Legality - Whether the respondents No. 2 to 6 i.e. the original defendants No. 2 to 6 had mortgaged their respective immovable properties by deposit of title-deeds with the appellant/bank -
Held, documents on record would show that the respondent Nos. 2 to 6 had intention to create the security for the repayment of the loan availed by the principal borrower - Therefore, respondent Nos. 2 to 6 showed their readiness to deposit the title-deeds by various agreements and affidavits and also by placing all the title verification certificate by the advocates, etc. and ultimately, they deposited the title-deeds with the appellant Bank at Hyderabad branch - Trial Court, however, differentiated between the 'agreement to mortgage' and to actually 'mortgage the immovable property' - Thus, it was sufficient to hold that the respondent Nos. 2 to 6 stood as guarantors and created mortgage of their property for repayment of the loan advanced to the principal borrower by depositing their title-deeds - Appeal allowed.

(C) Banking & Finance - Indian Limitation Act, 1908, art.62 - Transfer of Property Act, 1882, s.96 - Recovery of money from guarantors - Legality - Whether the suit against the respondents No. 2 to 6 i.e. original defendants No. 2 to 6 was within limitation -
Held, once it was concluded that the respondent Nos. 2 to 6 have created mortgage by deposit of title- deeds for the repayment of the loan amount, naturally the limitation in their case would be governed by the provisions of art. 62 of 1908 Act r/w. s.96 of 1882 Act - There could not be two opinions that the suit for enforcement of money secured by mortgage could be filed in case of a simple mortgage - Since the same provision would apply to a mortgage by deposit of title-deeds, the period of limitation would be twelve years from the date when the money becomes due - Therefore, no issue of limitation as such would arise in the instant case - Appeal allowed.

(D) Banking & Finance - Recovery of money from guarantors - Legality -Whether the respondents No. 2 to 6 stood discharged due to any act of commission of omission by the officials of the appellant Bank and whether the plea could be taken during the hearing of the appeal -
Held, HC pointed towards certain admissions given by the Bank officials which would show that once the hypothecated property was seized - However, upon part-payment towards the loan account, the same was released - It should, however, be noted that there were no pleadings at all in this regard on behalf of the respondent Nos. 2 to 6 - Therefore, suddenly on the basis of certain 'admissions' given by the witness that once the property was seized but lateron released, HC could not come to the conclusion that the appellant had done any act which was inconsistent with the rights of the surety or omitted to do its duty to the surety - Appeal allowed.


Baiju S/o Karunakaran vs (1) Sree Lekshmi Cashew Company, Represented by Its Managing Partner, Kollam; (2) P. Sundaran S/o T. M. Prabha; (3) Sreela W/o P. Sundaran  [KERALA HIGH COURT, 09 Apr 2014]

Rita Nath Sarkar W/o Indrajit Nath Sarkar vs (1) Branch Manager, Central Bank of India, Mumbai; (2) Subrata Kumar Nath S/o Jitendra Ch. Nath  [GAUHATI HIGH COURT, 07 Apr 2014]
Banking & Finance - Civil Procedure - Code of Civil Procedure, 1908, O. 43 r. 1(d), O. 9 r. 13, s. 115 - Loan - Suit for recovery - Decreed - Legality - Respondent no. 1/ Nationalized Bank filed suit before Trial Court against petitioners no. 1 and 2 for recovery of money - Trial Court decreed the suit - Aggrieved petitioner filed appeal before Appellate Court - Appellate Court by impugned order dismissed appeal and affirmed order passed by Trial Court - Hence instant revision - Whether impugned order passed by Appellate Court was liable to set aside -Held, Appellate Court did not advert to aforesaid distinction in mind and instead devoted himself more to question as to whether decree passed by Trial Court on merits was good or bad and on appreciating evidence on record, dismissed appeal and upheld order - Impugned order suffered from apparent jurisdictional error and hence could not be upheld - It was liable to be set aside - Inevitable conclusion was that matter deserved to be remanded to Appellate Court for deciding appeal afresh on merits on question involved in appeal as noted above - Impugned order was set aside - Appeal out of which this revision arises was restored to its file - Appellate Court would decide appeal after affording an oppournity to parties - Revision partly allowed.


Haryana State Cooperative Supply and Marketing Federation Limited vs Jayam Textiles and another  [SUPREME COURT OF INDIA, 07 Apr 2014]
Criminal - Banking & Finance - Practice & Procedure - Indian Penal Code, 1860, s. 420 - Negotiable Instruments Act, 1881, ss. 138, 140 - Cheque bounce - Dismissal of complaint - Challenged - Appellant Federation supplied cotton bales to respondents of value of Rs.30,45,602/- vide three invoices - Respondents, to discharge their liability issued four cheques - On presentation, all four cheques were returned unpaid by bank with endorsement 'for want of sufficient funds' - Appellant filed complaints u/ss. 138 and 140 of the Act r/w s. 420 IPC against respondents - Complaint was dismissed by Trial Court - Appeals filed against said order was filed before HC - Appeals were dismissed - Hence instant appeals - Whether the order recorded by HC was maintainable -Held, admittedly authorisation by Board of Directors of appellant was not placed before Courts below - However, specific averment was made by appellant before Trial Court that said General Power of Attorney had been filed in connected case being , which had neither been denied nor disputed by respondents - In any case, if Courts below were not satisfied, opportunity ought to be granted to appellant to place document contained authorisation on record and prove the same in accordance with law, this was so because procedural defects and irregularities, which were curable, should not be allowed to defeat substantive rights or to cause injustice - Procedure, hand-maiden to justice, should never be made tool to deny justice or perpetuate injustice, by any oppressive or punitive use - In view of fact that in spite of arbitration award against respondents, there was non-payment of amount by respondents to appellant and in the light of authorisation contained opportunity should be given to appellant to produce and prove authorisation before Trial Court, more so, when money involved was public money - Hence, judgments of Courts below was set aside and matters were remitted back to Trial Court with direction to conduct trial afresh taking into consideration of the authorisation - Appeals disposed of .



Sukhdev Singh and another vs Bamrah and Company and another  [PUNJAB AND HARYANA HIGH COURT, 04 Apr 2014]

Harshad Govardhan Sondagar vs International Assets Reconstruction Company Limited and others  [SUPREME COURT OF INDIA, 03 Apr 2014]
(A)Banking & Finance - Practice & Procedure - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ss. 13(4), 13(3), 13(4)(a), 13(4)(b), 14, 14(1), 17 - Transfer of Property Act, 1882, ss. 65A(2), 111 - Constitution of India, 1950, arts. 136, 226, 227, 300A - Threatened to be dispossessed - Interest of secured creditors - Determination of lease - Legality - Appellants claimed to be tenants of different premises which were mortgaged to different banks as securities for loans advanced by the banks (secured creditors) - As the borrowers defaulted in repayment of their secured debts and failed to discharge their liability, secured creditors exercised their right u/s. 13(4) of 2002 the Act to take possession of the secured assets of borrowers - Secured assets, consist of the premises under possession of the appellants - Secured creditors made a request u/s. 14(1) of 2002 Act to the Metropolitan Magistrate, to take possession of the premises and handover the possession of premises to secured creditors in accordance with s. 14 of 2002 - However, HC by impugned judgment held that appellants have no option but to surrender possession to Metropolitan Magistrate, and move Debts Recovery Tribunal u/s. 17 of 2002 Act - Aggrieved appellants filed instant appeals by way of special leave u/art. 136 of Constitution - Appellant contended that they were not borrowers, but they were lessees of the borrowers and were entitled to remain in possession of secured assets and that such a remedy was not actually available u/s. 17 of 2002 Act and if the remedy was available, it was meaningless as they have to move out from the tenanted premises and only in the event the Debts Recovery Tribunal decide in favour of appellants, they might come back to the tenanted premises - Whether provisions of 2002 Act have in any way affected the right of a lessee to remain in possession of the secured asset during the period of a lease -Held, so long as mortgage-deed did not prohibit a mortgagor from making a lease of the mortgaged property and so long as the lease satisfies the requirements of s. 65A(2) of 1882 Act, a lease made by a borrower as a mortgagor would not only be valid but was also binding on the secured creditor as a mortgagee - Appeals allowed.
(B)Banking & Finance - Practice & Procedure - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ss. 13(4), 13(3), 13(4)(a), 13(4)(b), 14, 14(1), 35 - Transfer of Property Act, 1882, ss. 65A, 111 - Constitution of India, 1950, art. 300A - Threatened to be dispossessed - Right of borrower - Possession of leased property - Legality - Whether there was any provision in s. 13 of 2002 Act which was inconsistent with right of a borrower or a mortgagor to make a lease in accordance with the provisions of 1882 Act and the corresponding right of a lessee to remain in possession of the property leased out to him during the period of a lease -
Held, s. 13(4) of 2002 Act provided that in case the borrower failed to discharge his liability in full within 60 days from the date of notice u/s. 13(2) of 2002 Act, the secured creditor might take recourse to one or more of the measures mentioned therein to recover his secured debt - One of the measures mentioned in s. 13(4)(a) of 2002 Act was to take possession of the secured assets of the borrower including the right to transfer by way of lease - Where, however, the lawful possession of secured asset was not with the borrower, but with the lessee under a valid lease, secured creditor could not take over possession of the secured asset until the lawful possession of the lessee gets determined - There was, however, no mention in s. 13(4) of 2002 Act that a lease made by the borrower in favour of a lessee would stand determined on the secured creditor deciding to take any of the measures mentioned in s. 13 of 2002 Act - S. 13(3) of 2002 Act, however, provided that after receipt of notice referred to s. 13(2) of 2002 Act, no borrower should lease any of his secured assets referred to in the notice, without the prior written consent of secured creditor - That provision in s. 13(13) of 2002 Act and provisions of 1882 Act enabling the borrower or the mortgagor to make a lease were inconsistent with each other - Thus, s. 13(13) of 2002 Act would override the provisions of s. 65A of 1882 Act by virtue of s. 35 of 2002 Act, and a lease of a secured asset made by the borrower after he receives the notice u/s. 13(2) of 2002 Act from the secured creditor intending to enforce that secured asset would not be a valid lease - So long as a lease of an immovable property did not get determined, lessee had a right to enjoy the property and that right was a right to property and that right could not be taken away without the authority of law as provided in art. 300A of Constitution - There was no provision in s. 13 of 2002 that a lease in respect of a secured asset should stand determined when the secured creditor decides to take the measures mentioned in s. 13 of 2002 Act - Without the determination of a valid lease, the possession of lessee was lawful and such lawful possession of a lessee had to be protected by all Courts and Tribunals - Appeals allowed.
(C)Banking & Finance - Practice & Procedure - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ss. 13(2), 13(4)(b), 13(6), 14 - Constitution of India, 1950, arts. 226, 227 - Transfer of Property Act, 1882, ss. 65A, 111 - Interest of secured creditor - Leased secured asset - Recovery of possession - Legality - Whether s. 14 of 2002 Act conferred any power on Metropolitan Magistrate or District Magistrate to assist the secured creditor in taking possession of secured asset which was in lawful possession of lessee under a valid lease -
Held, for the purpose of transferring the secured asset and for realizing secured debt, the secured creditor would require the assistance of Metropolitan Magistrate or District Magistrate for taking possession of a secured asset from the lessee where the lease stands determined by any of the modes mentioned in s. 111 of 1882 Act - Possession of secured asset from a lessee in lawful possession under a valid lease was not required to be taken under the provisions of 2002 Act and Metropolitan Magistrate or District Magistrate, thus, did not have any power u/s. 14 of 2002 Act to take possession of the secured asset from such a lessee and hand over the same to the secured creditor - When, thus, a secured creditor moves the Metropolitan Magistrate or District Magistrate for assistance to take possession of the secured asset, he should state in the affidavit accompanying the application that secured asset was not in possession of a lessee under the valid lease made prior to creation of the mortgage by the borrower or made in accordance with s. 65A of 1882 Act prior to receipt of a notice u/s. 13(2) of 2002 Act by the borrower - Even in such cases where secured creditor was unable to take possession of secured asset after expiry of 60 days of the notice to the borrower of intention of the secured creditor to enforce the secured asset to realize secured debt, secured creditor would have the right to receive any money due or which might become due, including rent, from the lessee to borrower - That would be clear from s. 13(4)(b) of 2002 Act, which provided that in case the borrower failed to discharge his liability in full within the notice period, secured creditor might require, at any time by notice in writing, any person who had acquired any of the assets from borrower and from whom any money was due or might become due to the borrower, to pay the secured creditor, so much of the money as was sufficient to pay secured debt - Transferee of a secured asset would not acquire any right in a secured asset u/s. 13(6) of 2002 Act, unless it was effected after the secured creditor had taken over possession of the secured asset - If Metropolitan Magistrate or District Magistrate was satisfied that there was a valid lease created before the mortgage or there was a valid lease created after the mortgage in accordance with the requirements of s. 65A of 1882 Act and that the lease was not determined in accordance with the provisions of s. 111 of 1882 Act, he could not pass an order for delivering possession of the secured asset to the secured creditor - But in case he comes to the conclusion that there was in fact no valid lease made either before creation of the mortgage or after creation of the mortgage satisfying the requirements of s. 65A of 1882 Act or that even though there was a valid lease, the lease stands determined in accordance with s. 111 of 1882 Act, he could pass an order for delivering possession of secured asset to the secured creditor - Decision of Metropolitan Magistrate or District Magistrate could be challenged before the HC u/arts. 226 and 227 of Constitution by any aggrieved party and if such a challenge was made, HC could examine the decision of Metropolitan Magistrate or District Magistrate, as the case might be, in accordance with the settled principles of law - Appeals allowed.
(D)Banking & Finance - Practice & Procedure - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ss. 13(4), 17 - Transfer of Property Act, 1882, s. 65A - Secured asset - Delivery of possession - Remedy of lessee - Legality - Whether a lessee had any remedy by way of an appeal u/s. 17 of 2002 Act when secured creditor attempt to take over possession of secured asset which was in possession of lessee -
Held, even if Debt Recovery Tribunal comes to conclusion that any of the measures referred to in s. 13(4) of 2002 Act taken by secured creditor were not in accordance with the provisions of 2002 Act, it could not restore possession of the secured asset to the lessee - Where, thus, Tribunal consider the application of the lessee and comes to the that the lease in favour of the lessee was made prior to the creation of mortgage or the lease though made after the creation of mortgage was in accordance with the requirements of s. 65A of 1882 Act and the lease was valid and binding on the mortgagee and lease was yet to be determined, Tribunal would not have the power to restore possession of secured asset to the lessee -Thus, there was no remedy available u/s. 17 of 2002 Act to the lessee to protect his lawful possession under a valid lease - Appeals allowed.
(E) Banking & Finance - Practice & Procedure - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ss. 13, 14 - Transfer of Property Act, 1882, ss. 65A, 111 - Maharashtra Rent Control Act, 1999, ss. 33, 34 - Secured asset - Applicability of SERFASI Act - Lawful possession of lessee - Jurisdiction - Legality - Whether appellants as tenants of premises in the State would have any remedy to move these courts having jurisdiction u/s. 33 of 1999 Act and obtain the relief of injunction against secured creditor taking possession of secured asset from the appellants -
Held, when action was sought to be taken by secured creditor u/s. 13 of 2002 Act or by Metropolitan Magistrate or District Magistrate u/s. 14 of 2002 Act, Court or authority mentioned in s. 33 of 1999 Act could not grant the injunction to prevent such action by the secured creditor or by Metropolitan Magistrate or District Magistrate - Even otherwise, s. 33 of 1999 Act vests jurisdiction in the Courts named therein to decide disputes between the landlord and tenant and not disputes between the secured creditor and tenant under landlord who was a borrower of the secured assets - If any of appellants claim that they were entitled to possession of a secured asset for any term exceeding 1 year from the date of the lease made in his favour, he had to produce proof of execution of a registered instrument in his favour by the lessor - Where he did not produce proof of execution of a registered instrument in his favour and instead relies on an unregistered instrument or oral agreement accompanied by delivery of possession, Metropolitan Magistrate or District Magistrate, as the case might be, would have to come to the conclusion that he was not entitled to the possession of secured asset for more than an year from the date of the instrument or from the date of delivery of possession in his favour by landlord - Metropolitan Magistrate was directed to consider the claims of appellants that they were in possession of secured asset under a lease made prior to the creation of mortgage and decide the applications u/s. 14 of 2002 Act in accordance with instant judgment and any other law that might be relevant - In case, during pendency of appeals, orders were passed by Metropolitan Magistrate or District Magistrate u/s. 14 of 2002 Act, orders so passed would stand quashed and Metropolitan Magistrate or District Magistrate would pass fresh orders - Appeals allowed.

Enforcement Directorate vs Morgan Industries Limited  [DELHI HIGH COURT, 03 Apr 2014]

D. Simpson vs (1) S. T. Perumal; (2) State Represented by Inspector of Police (L and O), Nellankarai Police Station, Chennai  [MADRAS HIGH COURT, 02 Apr 2014]
Criminal - Banking & Finance - Practice & Procedure - Code of Criminal Procedure, 1973, ss. 320, 320(8), 320(9), 362, 482 - Negotiable Instruments Act, 1881, s. 138 - Dishonor of cheque - Conviction - Legality - A case was filed against petitioner u/s. 138 of the Act Trial Court passed conviction order - Petitioner filed before Appellate Court - Appellate Court confirmed order of Trial Court - A revision was moved before Single Judge and the same was dismissed confirming judgments of Lower Courts - Hence instant petition - Whether impugned order passed by Lower Courts were justified -Held, when revision petition was disposed of by Single Judge circumstance that parties settled dispute and complainant compounded offence was not there at all - It was subsequent change in circumstance - Powers u/s. 482 CrPC have not been sought to be invoked earlier - Only revisional powers were exercised - That was all more reason why under changed circumstances extra ordinary inherent jurisdiction could be invoked - In light of compromise entered into between parties, stood allowed, with costs of Rs. 25,000/- payable by petitioner to Tamil Nadu State Legal Services Authority, within time framed - Petitions disposed of.


Appala Venkata Naga Durga Srinivas vs (1) Manager, Payment Assistance Unit, SBI Cards and Payment Service Private Limited; (2) Manager, State Bank of India, Rajahmundry [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, 01 Apr 2014]
Consumer Protection - Banking & Finance - Consumer Protection Act, 1986 - Deficiency in service - Compensation - Entitlement of - Complainant got a Credit Card, from OP which he noticed his name was wrongly mentioned - Complainant returned the credit card with a request to block it to avoid misuse - OPs informed him that the said credit card was blocked - Later on complainant received a demand notice for amount with statement to pay settlement amount - Complainant filed complaint before the District Forum - District Forum dismissed the complaint - On appeal filed by complainant was also dismissed by State Commission - Hence instant revision petition - Whether Foras below were justified in dismissing the complaint -Held, complainant should not be allowed to take undue benefit of such inadvertent small mistake - Normally, the transaction took place with card number of complainant and the description of the name does not come in the way of operating the card - At this stage the complainant filed an additional document, the Temporary receipt No. 6985091 for Rs.390/- collected by the agent of OP - Said receipt did not specify the purpose of collection of Rs.390/- - Even, complainant had not produced any cogent evidence or a copy of letter by which he made a request to OPs for cancellation of the card - Complainant had not produced postal A.D - Agent was not examined before the District Forum - As per the cl. (a) of the terms and conditions, complainant did not cut card diagonally, to avoid any transactions, still the card was in his possession might be used for transactions - It appeared that complainant want to shirk away from the overdue payment, by carving such frivolous complaint - Revision dismissed.


Association for Democratic Reforms and another vs Union of India and others  [DELHI HIGH COURT, 28 Mar 2014]

Deutsche Bank AG., Mumbai vs Finolex Industries Limited, Pune  [BOMBAY HIGH COURT, 28 Mar 2014]

Dipti Choudhury W/o Late Sudhangsu Choudhury vs Sangeeta Mandal @ Sangita Das W/o Sujit Das  [GAUHATI HIGH COURT, 28 Mar 2014]
Criminal - Banking & Finance - Practice & Procedure - Code of Criminal Procedure, 1973, ss. 262, 264, 265, 313, 326, 326(1), 326(3), 482 - Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Negotiable Instruments Act, 1881, ss. 138(1), 143, 144, 145, 146, 147 - Dishonor of cheque - Criminal proceedings - Quashing of - Respondent/complainant filed a case before Trial Court u/ss. 138(1), 143, 144, 145, 146, 147 of the Act - Accused/petitioner filed a petition before Trial Court for recording of evidence afresh and the same was dismissed - Petitioner appealed to Lower Appellate Court and the same was dismissed - Hence instant revision - Whether in view of provision of s. 143 of the Act, such proceeding would be deemed to be summary trial inviting application of s. 326(3) of CrPC, prohibiting successor-in-interest in office to act upon evidence already recorded by his predecessor -Held, it was not that invariably and mandatorily an offence u/s. 138 of the Act had to be tried summarily and some amount of flexibility was in-built in section itself - Recording of reason and opportunity of hearing was provided for in proviso when Trial Court contemplates not to try case, either at commencement or during continuance of a summary trial, so as not to prejudicially affect right of parties to otherwise have a summary trial - If any of parties was aggrieved by initiation or commencement of trial as in summons procedure case without there being an order to that effect after hearing parties, certainly such course of action on part of Magistrate could be challenged in an appropriate proceeding at appropriate time - If parties allow proceeding to go on as in summons procedure case without any demur and participate therein fully, it could not be countenanced that proceeding was to be deemed to be summary proceeding - Non-recording of reasons as well as failure to grant opportunity as contemplated in proviso to s. 143(1) of the Act was, in that event, only an irregularity which does not invalidate trial - It does not fall into category of cases where acquiescence or consent of parties purport to confer jurisdiction on a Magistrate where he had none otherwise - Proceeding was conducted as summons procedure case with full participation of parties and evidence was recorded in its entirety and not in its substance - Recording of evidence afresh was not warranted - Revision dismissed.