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      Question

      Section 21A of the Banking Regulation Act, 1949 provides

      that, notwithstanding the Usurious Loans Act, 1918 or any other law relating to indebtedness in force in any State, a transaction between a banking company and its debtor shall not be re-opened by any court on which of the following grounds?
      A That the bank failed to disclose the effective annual interest rate Correct Answer Incorrect Answer
      B That the rate of interest charged by the banking company in respect of such transaction is excessive Correct Answer Incorrect Answer
      C That the loan was granted in violation of a scheme under Section 21 Correct Answer Incorrect Answer
      D That the debtor did not receive a written loan agreement Correct Answer Incorrect Answer
      E That the interest rate exceeded the rate published in the Official Gazette Correct Answer Incorrect Answer

      Solution

      Section 21A, inserted by the Banking Laws (Amendment) Act, 1983 (Act 1 of 1984) with effect from 15 February 1984, provides that notwithstanding the Usurious Loans Act, 1918 or any other law relating to indebtedness in force in any State, a transaction between a banking company and its debtor shall not be re-opened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive. This provision gives banks immunity from judicial challenge to their lending rates on grounds of usury, recognising that banks operate under Reserve Bank regulatory oversight on interest rates under Section 21. The protection covers all transactions regardless of the interest rate quantum charged.

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