Can Yes Bank approve an OTS for a wilful default vs genuine default account?

Yes. Yes Bank follows a Board-approved compromise settlement policy that explicitly covers NPA and legally-noticed MSME accounts. The sanctioning authority (branch, regional office, or head office) depends on the outstanding book value and the waiver requested. What matters is a documented proposal with a credible source-of-funds, not the fact that recovery action has already started.

Does the wilful default vs genuine default status disqualify me from settlement with Yes Bank?

No. Settlement is available at every stage — SMA-2, sub-standard, doubtful, loss asset, and even for accounts already under SARFAESI or DRT. The stage affects the observed waiver band and the sanctioning authority, but it does not remove the right to file an OTS proposal.

Will filing an OTS pause Yes Bank's recovery action?

A serious proposal — filed with the right authority, backed by financial evidence and source-of-funds — typically pauses coercive action while it is being evaluated. It does not create an automatic legal stay; the pause is administrative, tied to the committee cycle. This is why proposals are strongest when they arrive before, not after, a Section 13(4) possession notice.

What waiver can I realistically expect from Yes Bank at this stage?

Waiver bands are stage-driven, not bank-branded. Sub-standard accounts typically see moderate haircuts; doubtful and loss assets see the largest waivers. Yes Bank reads the same RVS (Realisable Value of Security), same book outstanding, and same collectability signals every other bank reads. The proposal quality drives the outcome more than the bank identity.

How long does Yes Bank take to sanction an OTS on a wilful default vs genuine default file?

From a well-drafted proposal to sanction letter, plan on 6–14 weeks for straightforward files and 12–20 weeks where the file must move to head-office committee. Follow-up cadence, precedent citation, and clean documentation compress this timeline more than any other single factor.

Do I need a consultant or can I file directly with Yes Bank?

Direct filing is legal and common. What consultants add is proposal structuring, precedent references, counter-negotiation, and knowledge of which committee sees the file at which slab. On a wilful default vs genuine default case the cost of a weak first proposal — a lower waiver locked in or a possession notice served — is usually larger than the consulting fee.

Yes Bank · Wilful Default vs Genuine Default

Yes Bank Wilful Default vs Genuine Default resolution

Yes Bank compromise-policy aligned proposal drafting
Wilful Default vs Genuine Default legal-response and OTS combined
Free, confidential 30-minute consultation

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If your Yes Bank MSME account is dealing with wilful default vs genuine default, the resolution path is not generic. Yes Bank runs its recovery unit on a specific escalation ladder, applies its own compromise-settlement policy, and moves files through a defined sanctioning authority — all of which materially affect what waiver you can expect and how fast the account can close.

This page combines the Yes Bank-specific recovery reality with the wilful default vs genuine default resolution framework: what actually happens next inside the bank, the legal window you have, the OTS bands typically observed at this stage, and the exact documents the sanctioning authority will read before deciding your file.

The strategy is the same in principle across banks, but the tactical details — which committee sees your file, how long a proposal sits before it moves, what the counter-offer looks like, and how quickly SARFAESI can be paused — are Yes Bank-specific. This guide is written for that specific combination.

Free Assessment

30-minute confidential case review

A senior consultant reviews your outstanding, NPA stage and options — no obligation, no cost. All conversations are covered by NDA.

• Waiver band estimate for your case
• Best-fit authority / branch to file at
• Risk of SARFAESI / auction escalation
• Documentation checklist

Why wilful default vs genuine default at Yes Bank needs a bank-specific playbook

Every bank recovers differently. Yes Bank's escalation ladder, sanctioning authority slabs, and internal cadence for MSME OTS files decide how quickly your wilful default vs genuine default case can move from notice to settlement. The generic 'file an OTS' advice does not survive contact with a specific bank's committee cycle.

Yes Bank-specific sanctioning authority for your outstanding slab
Recovery unit (SARB / SAM / ARM) that will actually read your file
Cadence of committee meetings — timing matters more than most borrowers realise
Precedent OTS approvals at similar NPA stages
Whether your account is still with the branch or has moved to recovery

Wilful Default vs Genuine Default — the legal position as it applies to Yes Bank

Your rights as an MSME borrower do not change with the bank — the RBI framework, the SARFAESI Act, the DRT Act and the MSMED Act apply uniformly. What changes is how Yes Bank chooses to exercise its powers under those statutes. Understanding both — the statutory position and the bank's discretion window — is what makes a resolution proposal credible.

Eligibility

Account classified as SMA-2, NPA sub-standard, doubtful or loss asset
Not tagged as wilful default or fraud
Realistic source of funds for at least the down-payment tranche
Willingness to sign a full and final settlement with the bank
Promoter/guarantor cooperation in documentation and negotiation
No parallel criminal / recovery proceedings that block settlement

Standard Documentation

• Latest sanction letter and all amendments / renewals
• 3-year audited financials (P&L, balance sheet, notes)
• Latest GST returns (12 months) and income-tax returns
• Complete bank statements — 24 months across all lenders
• CIBIL commercial and consumer reports (self and guarantors)
• Hardship narrative — cause and consequences of stress
• Source-of-funds evidence for OTS payment
• Security valuation report (secured cases)
• SARFAESI notices, DRT filings, correspondence trail

Bank-Specific Documents

• Yes Bank sanction letter, renewal letters and amendments
• All Yes Bank correspondence on the wilful default vs genuine default — notices, demand letters, replies
• Yes Bank account statement — full history from sanction to date
• Hardship narrative citing the specific trigger for the account slippage

Yes Bank Wilful Default vs Genuine Default — Step-by-step resolution

Step 1
Confidential Assessment
Case review — outstanding, NPA stage, security cover, promoter exposure. 30-minute consultation.
Step 2
Documentation & Hardship File
3-year financials, bank statements, GST, sanction letters, hardship narrative and source-of-funds evidence.
Step 3
OTS Proposal Drafting
Structured proposal referencing RBI framework, RVS working, precedent cases and payment schedule.
Step 4
Bank Submission
Proposal filed with the right authority — SAM branch / SARB / SAG / Regional Collections Head.
Step 5
Committee Negotiation
Follow-up, counter-offers, precedent deployment and final waiver / structure negotiation.
Step 6
Sanction & Payment
OTS sanction letter, down-payment, balance tranches, and receipt reconciliation.
Step 7
No Dues & Closure
No Dues Certificate, security release, CIBIL update, guarantor discharge.

Typical Yes Bank OTS timeline — from proposal to closure

Week 1–2
Assessment
Case diagnosis, document collection, hardship narrative drafted.
Week 3–4
Proposal Filed
OTS proposal submitted to competent authority with all annexures.
Week 5–10
Negotiation
Committee cycle, counter-offers, RVS reconciliation.
Week 11–16
Sanction & Payment
Sanction letter, down-payment, balance tranches.
Week 17–20
Closure
No Dues Certificate, security release, CIBIL update.

Settlement Calculator (Indicative)

Rough waiver band based on NPA stage. Actual outcome depends on bank, RVS, DPD and negotiation.

Outstanding (₹)NPA Stage

Estimated waiver band: 55%–70%

Indicative payable: ₹15,00,000 – ₹22,50,000

OTS Eligibility Checker

Quick 4-question check. Not a formal opinion.

Account is NPA (Sub-standard / Doubtful / Loss) or SMA-2 Account is tagged Wilful Default / Fraud Realistic source of funds for down-payment Promoter / guarantor cooperation available

Needs review — some flags reduce OTS eligibility. Speak with a consultant.

Mistakes that lock in a worse outcome

Almost every wilful default vs genuine default file that closes badly has one of these on the record. Fix them before you file anything with Yes Bank.

Filing a verbal offer instead of a written OTS proposal with financial workings
Sending the proposal to the branch when it has already moved to the recovery unit
Under-declaring the source of funds — proposals without cash-flow evidence rarely clear committee
Missing the 13(3A) representation window when a SARFAESI notice is on file
Ignoring guarantor exposure — settlements that don't discharge guarantors are half-done

Frequently Asked Questions

Client Voices

"Filed clean OTS with the right authority. Sanctioned in 4 months at 62% waiver."
— Rajesh K., Auto Ancillary Promoter

"Timely SARFAESI reply and structured OTS saved the shop unit. Closed with No Dues in 5 months."
— Anita S., Textile Trader

"Post-13(4) proposal filed with SAM branch — auction stayed and settled at 68% waiver."
— Vikram J., Food Processing

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