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Kazi Law Chamber
|20 Mar 2025
The process of loan recovery plays a vital role in
ensuring the financial health of lending institutions and, by extension, the
broader economic stability of Bangladesh. With the expanding role of banks,
non-banking financial institutions (NBFIs), and microfinance
organizations in providing credit to individuals and businesses, the
legal system must support timely and efficient loan recovery mechanisms. When
borrowers default on their repayment obligations, lenders require a framework
that is both enforceable and fair. The laws governing loan recovery in
Bangladesh aim to balance the rights of creditors with the protection
afforded to debtors, ensuring due process while enabling the financial system
to function effectively.
Overview of Loan Recovery in
Bangladesh
In Bangladesh, loan financing is a
widely used mechanism for supporting personal consumption, commercial
expansion, and industrial development. However, loan defaults continue
to pose a significant challenge, especially in the context of large-scale
commercial lending and retail finance. As a result, legal tools and
institutional mechanisms for loan recovery are essential.
Loan recovery refers
to the process by which lenders recover unpaid dues from borrowers who have
failed to meet their repayment obligations. Recovery may occur through amicable
negotiations, civil litigation, or statutory
enforcement mechanisms, depending on the structure of the loan and the
nature of default. Effective enforcement helps reduce the accumulation of non-performing
loans (NPLs), which can otherwise erode investor confidence and hinder
credit availability in the economy.
Legal Framework for Loan
Recovery in Bangladesh
Loan recovery in Bangladesh is governed by a set of
interrelated laws and procedures that empower creditors to enforce loan
agreements through the court system and other administrative remedies. These
include:
The Civil Procedure Code, 1908
(CPC)
The Civil Procedure Code, 1908 is
the principal procedural statute that governs civil litigation in Bangladesh,
including suits for loan recovery. When a borrower defaults, a creditor may
file a civil suit in the appropriate court to recover the
outstanding loan amount, along with interest and other damages as agreed in the
loan agreement.
Some important provisions under the CPC relevant to
loan recovery are:
The CPC allows lenders to initiate money
suits before the Joint District Judge or Senior Assistant
Judge’s Court, depending on the amount involved, and ensures that
procedural safeguards are followed throughout.
The Contract Act, 1872
The Contract Act, 1872 governs all
contractual relationships in Bangladesh, including loan agreements between
lenders and borrowers. A loan, once disbursed and accepted, forms a valid
contract enforceable under this Act. The contract typically contains details
regarding repayment terms, interest rates, default
clauses, and dispute resolution mechanisms.
In the event of a breach—such as non-payment or
delayed payment—the lender may initiate legal proceedings for breach of
contract, seeking compensation or specific performance. The Act also sets
out the remedies available for misrepresentation, fraud, or voidable
contracts, which may arise in complex financing arrangements.
The Negotiable Instruments Act,
1881
The Negotiable Instruments Act, 1881 plays
a significant role in cases where loans are secured or transacted through negotiable
instruments, including cheques, promissory notes, and bills of
exchange. A common practice in commercial lending is to obtain post-dated
cheques from borrowers as a security measure.
Under Section 138 of the Negotiable
Instruments Act, if a cheque issued by the borrower is dishonored due to
insufficient funds or other valid reasons, the lender may initiate criminal
proceedings against the borrower. This provision is a powerful tool
for loan recovery, as it imposes penalties that may include
imprisonment, fines, or both.
To initiate a case under Section 138, the lender
must:
The Money Lenders Ordinance, 1972 is
a crucial piece of legislation designed to regulate informal lending
practices in Bangladesh. Unlike banks and non-banking financial
institutions (NBFIs), moneylenders operate outside the formal financial
sector, often engaging in private, unsecured lending to individuals.
This Ordinance aims to curb exploitative
lending by imposing restrictions on usurious interest rates and
enforcing transparency in money lending contracts. It mandates
the registration of moneylenders and introduces licensing
requirements to ensure minimum compliance standards. Moreover, it gives
borrowers a right to challenge unreasonable interest rates and
seek judicial intervention in cases of harassment or coercion
by lenders.
In the context of loan recovery, this law plays a
protective role by empowering courts to reassess the
terms of a moneylending agreement, particularly where the terms are deemed
unconscionable or oppressive.
The Financial Institutions Act,
1993
The Financial Institutions Act, 1993 provides
the regulatory framework for non-banking financial institutions (NBFIs) in
Bangladesh. These include finance companies, leasing firms, venture
capital providers, and other institutions involved in credit facilitation
without being classified as commercial banks.
This Act ensures that NBFIs are licensed and
operate under the supervision of Bangladesh Bank, and it lays out
their rights and obligations concerning loan disbursement and recovery.
In case of default, NBFIs are entitled to initiate legal action for loan
enforcement, including the sale of mortgaged property or collateral
assets, in accordance with prevailing laws.
The statute also provides procedural clarity on
asset classification, reporting obligations, and recovery timelines. For
businesses seeking loans outside traditional banking channels, this law ensures
that contractual lending relationships with NBFIs are legally
enforceable, thereby strengthening the institutional capacity for credit
recovery.
The Bank Companies Act, 1991
The Bank Companies Act, 1991 serves
as the principal law regulating the operations of commercial banks in
Bangladesh. While the Act is mainly regulatory in nature, governing licensing,
capital requirements, and prudential norms, it also contains vital provisions
for the recovery of defaulted loans.
One of its key features is the establishment of
protocols for the classification of loan accounts. Loans are
categorized as standard, substandard, doubtful, or bad/loss,
depending on their repayment status. This classification aids banks in
identifying non-performing loans (NPLs) and applying appropriate
recovery strategies.
The Act also requires banks to maintain provisioning
against bad loans, ensuring that the financial system remains stable even
when borrowers default. Furthermore, it lays down guidelines for early
warning systems, rescheduling mechanisms, and the sale or auction
of secured assets in line with regulatory approvals.
The Limitation Act, 1908
The Limitation Act, 1908 plays a
critical procedural role in the recovery of loans by setting time
limits for initiating legal action. In most loan recovery cases, the
statute of limitations is three years from the date the loan
amount becomes due.
If a creditor fails to file a recovery suit within
this period, the borrower can raise a time-barred debt defence,
which effectively extinguishes the creditor’s right to seek judicial
enforcement. The limitation period may be extended or reset under certain
circumstances, such as if the borrower makes a part payment or acknowledges the
debt in writing before the expiration of the limitation period.
Therefore, strict adherence to limitation
periods is essential for financial institutions, as any procedural
lapse can result in a complete loss of legal remedy.
The Bankruptcy Act, 1997
The Bankruptcy Act, 1997 introduces
a structured insolvency regime in Bangladesh for individuals
and partnerships. It enables creditors to initiate bankruptcy proceedings
against debtors who are unable to pay their debts due to
insolvency.
Under this Act, once a debtor is declared bankrupt
by the court, a bankruptcy trustee is appointed to oversee
the liquidation of assets and distribute proceeds among
creditors in order of legal priority. The law provides safeguards for
creditors, while also offering a discharge process for honest but
unfortunate debtors.
In cases where debt recovery through civil suits is
impractical due to the borrower’s financial condition, bankruptcy serves as
an alternate legal route to recover at least a portion of the
outstanding dues. The Act complements civil and contractual remedies by
introducing collective enforcement and asset pooling,
thereby improving recovery outcomes in complex or high-value defaults.
Loan Recovery Process in
Bangladesh: Step-by-Step Legal Guide
The loan recovery process in Bangladesh is
a vital mechanism that underpins the strength and credibility of the financial
system. As banks, non-banking financial institutions (NBFIs), and microfinance
entities expand their lending portfolios, the legal procedures for recovering
defaulted loans play a pivotal role in safeguarding the interests of both
creditors and borrowers. Bangladesh’s legal system provides multiple
avenues—from informal negotiations to formal litigation and execution—for
creditors to recover dues while ensuring due process and fairness.
Initial Negotiation and Demand
Letters
Before pursuing legal remedies, lenders usually
initiate recovery efforts through informal negotiation and written
demand notices. The objective is to offer the borrower an opportunity to
settle the outstanding amount voluntarily. A formal demand letter is
typically sent, which includes:
This pre-litigation phase often results in amicable
resolutions, such as installment plans, settlement agreements, or partial
payments. If an agreement is reached, it is formalized in writing to ensure
enforceability. However, if the borrower fails to respond or refuses
to comply, the lender may proceed with legal action.
Filing a Civil Suit for Loan
Recovery
When negotiation fails, the lender may file a civil
suit in a district court to recover the outstanding
dues. Such cases are governed by the Code of Civil Procedure, 1908
(CPC). The process includes several formal steps:
After examining the evidence and arguments, the
court delivers a judgment. If the court rules in favour of the
creditor, it passes a decree for repayment. This decree
becomes the basis for enforcement if the borrower fails to comply voluntarily.
Execution of Decree
If the borrower does not fulfil the terms of the
decree, the lender can initiate execution proceedings under
the CPC. Several enforcement mechanisms may be used:
These enforcement tools are critical in
transforming a legal judgment into actual recovery, ensuring that creditors are
not left with unenforceable decrees.
Enforcement under the Bankruptcy
Act, 1997
In situations where the borrower is unable
to pay due to insolvency, the lender may pursue remedies under the Bankruptcy
Act, 1997. Upon the declaration of bankruptcy, the debtor’s assets are
subjected to court-supervised liquidation, and the proceeds are
distributed among creditors based on legal priority.
This route is particularly useful for recovering
partial amounts where the borrower lacks sufficient liquidity but holds divisible
assets. It provides a structured framework for asset disposal and
debt settlement, especially in cases involving multiple creditors.
Defences Available to Borrowers
Borrowers facing recovery actions may raise
various legal defences to contest the claim. These include:
These defences, if substantiated, can limit or
defeat the creditor’s claim, underscoring the importance of proper
documentation and timely action by lenders.
Challenges in Loan Recovery in
Bangladesh
Despite the availability of legal mechanisms,
the loan recovery process in Bangladesh faces several
persistent challenges:
These factors underscore the need for reform
and automation within the enforcement regime, as well as stronger
oversight and creditor due diligence.
Conclusion
The legal framework for loan recovery in Bangladesh
is comprehensive, spanning statutes such as the Code of Civil
Procedure, Contract Act, Negotiable Instruments Act, Bankruptcy Act, and others.
It offers creditors multiple channels to enforce repayment, from negotiation
and settlement to litigation and asset liquidation.
However, practical barriers such as court delays, systemic inefficiencies, and
debtor misconduct can hinder timely enforcement.
For lenders, understanding the legal
roadmap is essential to ensure proper documentation, regulatory
compliance, and enforcement readiness. For borrowers, awareness of their rights
and defences ensures fair treatment and protection from arbitrary
action.
At Kazi Law Chamber, we assist clients in every stage of the loan recovery process, preparing demand notices, filing suits, executing decrees, and managing insolvency proceedings, ensuring that recovery is pursued legally, efficiently, and strategically.