A Bilingual Recovery Notice That Says Two Different Things
The district cooperative bank issues a recovery notice to a borrower in both Hindi and English on the same sheet. The English text says: 'You are hereby directed to repay ₹1,25,500 within 15 days, failing which your property will be attached without further notice.' The Hindi text says: 'आपको 15 दिन के भीतर राशि का भुगतान करना है, अन्यथा संपत्ति की कुर्की की कार्रवाई की जाएगी।' The figure appears elsewhere in the notice as '1,25,5000'. The notice does not mention the loan account number, the date from which default runs, or the office that issued it; the signature block carries a designation but no name. The borrower replies that the Hindi version gave no warning of immediate attachment without notice and that the amount is unclear. The branch manager wants to treat the reply as evasive and proceed.
1. Identify the drafting and translation defects, and assess which version governs and what risk the bank faces.
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Defects: (i) the two language versions are not congruent - 'without further notice' is present in English and absent in Hindi, and the Hindi uses the passive 'कार्रवाई की जाएगी' rather than a definite threat of attachment; (ii) the amount is garbled ('1,25,5000'), and the words-versus-figures rule cannot rescue a notice that states neither in words; (iii) the notice does not identify the loan account, the period of default, or the issuing authority; (iv) the signature block has no name, so the borrower cannot know who has decided; (v) 'hereby' and 'without further notice' are legalistic and read as a predetermined decision.
Which version governs? Both are on one sheet and both were issued by the bank. Where the two versions differ, the ambiguity is construed against the issuer, and the borrower is entitled to rely on the milder Hindi text. The safer view is that the notice is defective as a whole, not that the English text prevails because it is harsher. Proceeding to attachment on this notice risks the action being set aside for want of a clear demand and a fair opportunity to pay, and it weakens the bank's position in any arbitration.
2. Rewrite the operative paragraph so that the English and Hindi versions carry exactly the same meaning.
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English: 'You are informed that an amount of ₹1,25,500 (Rupees one lakh twenty-five thousand five hundred only) is due in loan account No. ______ for the period up to ______. You are required to pay this amount within 15 days of the date of this notice. If the amount is not paid, the bank may, after obtaining the approval of the competent authority under the applicable cooperative law, take recovery action, including attachment of your property. You will be given an opportunity of being heard before any such action.'
Hindi: 'आपको सूचित किया जाता है कि ऋण खाता संख्या ______ में ______ तक की अवधि के लिए ₹1,25,500 (रुपये एक लाख पच्चीस हज़ार पाँच सौ मात्र) की राशि देय है। आपको इस सूचना की तिथि से 15 दिन के भीतर यह राशि जमा करनी है। राशि जमा न होने पर, प्रचलित सहकारी विधि के अंतर्गत सक्षम प्राधिकारी की स्वीकृति लेकर, बैंक वसूली की कार्रवाई कर सकता है, जिसमें संपत्ति की कुर्की भी सम्मिलित हो सकती है। ऐसी कार्रवाई से पूर्व आपको सुनवाई का अवसर दिया जाएगा।'
Both versions now state the same amount in figures and words, the same 15-day period, the same conditional and discretionary action, and the same right to a hearing. The words in brackets are not decoration; they are what makes the notice enforceable.
3. Draft a short bilingual drafting protocol for the bank and state how the borrower's reply should be handled.
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Protocol:
- One master text. The notice is drafted in English, approved, and then translated; the translator certifies that the Hindi conveys the same obligations, conditions and time limits. Any difference goes back to the legal officer before issue.
- Verification checklist. Account number, default period, principal and interest breakup, amount in figures and words, issuing office, signatory's name and designation, date of issue, mode of service, and a hearing clause. Two officers sign the checklist.
- Plain language. Replace 'hereby', 'forthwith' and 'without further notice' with 'you must pay', 'within 15 days' and 'the bank may take action after approval'. Keep technical cooperative-law terms in English where they are standard.
Handling the reply: the reply is not evasive; it identifies a genuine ambiguity. The branch should acknowledge it in writing, withdraw the defective notice, issue a corrected bilingual notice with the account particulars, and give a fresh 15-day period. Proceeding on the old notice would invite a challenge that costs more than the reissue. The correspondence should be placed on the loan file so that the subsequent action is seen to follow a fair process.