A DRT case does not necessarily mean the bank and borrower have to fight to the last order. Many matters before the Debt Recovery Tribunal go on two tracks simultaneously – litigation on one side and settlement discussion on the other. Here is where OTS is important in the DRT case. The borrower may be subjected to Original Application, SARFAESI action, possession pressure, auction notice, guarantor liability or recovery certificate proceedings. At the same time, the same borrower may want to close the account through a One Time Settlement. It is not uncommon in India particularly in Delhi NCR, Mumbai, Pune, Bengaluru, Hyderabad, Chennai, Kolkata, Ahmedabad, Jaipur, Chandigarh, Lucknow, Kanpur, Prayagraj, Varanasi, Agra and other business-centric areas where loans are tied to homes, shops, factories, offices, machinery, working capital and family property. One Time Settlement, commonly known as OTS, is a negotiated arrangement to settle a loan where the lender agrees to accept a certain amount against the dues outstanding, subject to written conditions, time limits, approvals and compliance. It’s not a given. It’s not a shortcut. It needs to be properly documented. In practice, borrowers do one seriously wrong thing. They believe that by filing a DRT case, or filing a reply to a bank claim or challenging SARFAESI action, they can do away with the need for negotiation. Some commit the opposite error. They begin settlement talks and ignore the pending case. Both are risky. The better way is to strike a balance: challenge what is legally wrong, negotiate what is commercially feasible, and never pay unless you have a verbal assurance. The real question is simple: can settlement talks go on while litigation is pending? Yes, they can. What counts is how they move forward, what is documented, what is prohibited, how deadlines are honored, and how the final closing is presented to the DRT or Recovery Officer as needed. In a DRT case, OTS is important because the recovery litigation process is now faster, documents are scrutinized more closely, and borrowers often feel the pressure of several things at once. In the same broad cycle of dispute, a person can get a DRT summons, a SARFAESI notice, a possession warning and a settlement call. A host of loan disputes related to residential flats, commercial units, business loans, loan against property, MSME working capital, builder-linked finance and guarantor-backed borrowings are pending in cities like Delhi, New Delhi, Ghaziabad, Noida, Greater Noida, Gurugram and Faridabad. In Mumbai and Pune, high-value commercial properties can be secured assets. In Bengaluru, Hyderabad and Chennai, business borrowers often grapple with equipment finance, office premises, startup debt, vendor delay and cash-flow breakdown. In Lucknow, Kanpur, Jaipur, Ahmedabad, Kolkata, Chandigarh and other centres, family assets are often the centre of an emotional bank recovery. Debt Recovery Tribunals were constituted under the Recovery of Debts and Bankruptcy Act, 1993 for speedy adjudication and recovery of debts due to banks and financial institutions. The Act also contains provisions for recovery proceedings after determination of debt, including recovery by Recovery Officers. That legal background makes it urgent. If there is a long delay on the part of the borrower, the matter can escalate from notice to tribunal proceedings, from tribunal proceedings to recovery certificate or from SARFAESI demand to possession and auction. The banking institution may still take into account a settlement proposal you submit after each deadline has passed, but this can make your negotiating position less strong. And there is a practical problem faced by the Delhi NCR borrowers too. Many cases involve multiple addresses, old branches, changed bank officers, assigned accounts, ARC takeover, guarantor disputes and unclear outstanding calculations. One missed call or one unclear payment can be a big problem later on. Advocate BK Singh generally views the first consultation as a document-mapping exercise: what is pending, what stage the case has reached, what amount is claimed, what amount can realistically be paid and what protection is needed while talks continue. Settling is not just about getting a lower number. This is about how to end the dispute safely. OTS during DRT case can continue during pendency of litigation but must be conducted by way of written proposals and documented bank approval. DRT proceedings and settlement talks are separate tracks and one does not automatically stop the other. SARFAESI: Normally, the borrower is given 60 days under Section 13(2) demand notice before Section 13(4) action can be initiated. A SARFAESI application under Section 17 before DRT must be filed within 45 days of the relevant Section 13(4) measure. DRAT appeal rules may require a pre-deposit, so delaying strategy to the appeal stage can be expensive. Never pay a settlement amount on the word of a recovery officer or bank employee. Final closure should include settlement approval, receipts, adjustment confirmation, withdrawal or recording of case and no-dues or closure communication. The real question is, can a borrower negotiate OTS while a DRT case, SARFAESI challenge, recovery proceeding or bank claim is pending. In practice the answer is yes, but settlement discussions do not automatically stay legal time limits, tribunal directions or steps to recover. There are many ways a DRT case can arise. An Original Application may be filed by a bank for recovery of debt. A borrower may approach DRT under SARFAESI after taking possession or other action under Section 13(4). A Recovery Officer may act following a certificate of recovery. In all these cases settlement may still be possible but the method varies with the stage. Imagine it as two parallel files. The legal file is one file. It includes pleadings, notices, replies, interim applications, orders, evidence, statements of account and tribunal directions. The other file is the settlement file. It includes OTS proposal, funding source, bank approval, payment schedule, waiver explanation, receipts and closing conditions. Trouble begins when these two files are in conflict. A borrower may deny liability in DRT but send a careless OTS letter admitting the whole claim without checking interest penal charges or limitation issues. A borrower can pay some money in settlement talks but not get written approval. Later the bank can say it was only a part payment and not a full settlement. And that is why legal drafting matters. OTS is not a statutory right in all cases. Settlement is typically decided by internal policy, account status, security value, chances of recovery, borrower behavior, age of default, pending litigation, and the approval authority of banks and financial institutions. DRT may record settlement; (ii) grant time as per consent; (iii) dispose of a matter on settlement terms; (iv) allow withdrawal where law and facts permit. But the settlement usually comes from agreement between lender and borrower, not a mandated tribunal order. In DRT case the legal framework for OTS generally includes Recovery of Debts and Bankruptcy Act, 1993, SARFAESI Act, 2002, tribunal procedure, bank settlement policy, contract documents and sometimes guarantor law. The exact path depends on whether it is an OA recovery matter, a SARFAESI challenge, a DRAT appeal or recovery certificate execution. The Recovery of Debts and Bankruptcy Act, 1993 provides for the DRT structure for adjudication and recovery of debts due to banks and financial institutions. The statute applies to applications to the Tribunal, appeals to DRAT, limitation principles, legal representation, recovery certificates and action by the Recovery Officer. In the case of a bank recovery OA, the bank usually wants to have the debt determined. Once the final order is passed and recovery certificate is issued by the Tribunal, the Recovery Officer can adopt the prescribed modes of recovery. The Act sets out the ways in which recovery can be made after receipt of the certificate and the processes undertaken by the Recovery Officer. Settlement may be before final order or after final order or even at recovery stage. But the longer it is, the more careful the borrower has to be. When a recovery certificate is in place, the Recovery Officer may need to be advised of the payment terms. Important becomes the process of Presiding Officer and Recovery Officer where time is given or amount is paid after certificate as recovery action may otherwise continue on record. SARFAESI matters are often coupled with OTS talks. Section 13 provides for enforcement of security interest by the secured creditor without intervention of any court or tribunal subject to statutory conditions. Section 13(2) provides a 60-day demand notice framework for the borrower. Section 13(3A) deals with the borrower representation or objection and communication of reasons if not accepted by the secured creditor. If the borrower fails to discharge its liability within the notice period, the secured creditor may proceed with actions under Section 13(4) including taking possession of the secured assets for the purpose of realisation. An aggrieved borrower or affected person can approach the DRT within 45 days under Section 17 after a Section 13(4) measure. The DRT will examine whether the secured creditor’s actions are in compliance with the Act and Rules. This timeline is a must read. A borrower should not disregard a Section 17 filing window just because a bank officer says settlement is “under process”. There is a chance settlement talks could fall apart. Approval might not come. The file may be moved to possession or auction. A proper DRT lawyer will generally protect limitation and legal remedy and pursue OTS also. In case, DRT passes an adverse order in a SARFAESI matter, an appeal shall be filed before DRAT within the statutory period. Under Section 18 of SARFAESI Act, the borrower has to deposit 50% of the debt due as claimed by the secured creditor or as determined by the DRT, whichever is less, with possibility of reduction to not less than 25% for reasons to be recorded, to pursue the borrower appeal route. The Recovery of Debts and Bankruptcy Act also provides for pre-deposit in respect of DRAT appeals from certain DRT determinations where the deposit may be reduced but not below the prescribed minimum. This is one reason why settlement talks should not be entered into lightly. By the time the matter is on appeal, the costs of continuing litigation may increase. Settlement still possible, but borrower must consider legal risk, cash flow and pre-deposit pressure. verbal agreement from one branch employee is not a bank settlement. Most OTS matters are approved internally by authority level, account category, waiver amount, security value and payment capacity. In respect of larger accounts, the file may be processed through review by regional, zonal, committee or competent authority. If it is an ARC account, the approach may be different as the asset may have been assigned. The SARFAESI Act recognises acquisition of financial assets by asset reconstruction companies and proceedings relating to the acquired financial assets may be continued with substitution, wherever applicable. The borrower should identify the current owner or controller of the account – the original bank or financial institution, assignee, ARC, recovery branch or authorised officer. Sending an OTS proposal to the wrong office is time wasted. This guidance applies to any borrower, guarantor, co-borrower, business owner or family member who is subject to bank recovery litigation but still wishes to settle the account. A salaried borrower in Noida could want to save a residential flat after losing his job. There is a delay in payments to vendors and an MSME owner in Faridabad may face recovery. In Ghaziabad, a shop owner could have taken a loan against family property for working capital. Bengaluru startup founder may face default after business slowdown Even the guarantor property is under pressure and a family in Jaipur or Lucknow may be shocked to know. Students, young professionals and senior citizens too get sucked into such matters when they sign as co-borrowers or guarantors without understanding liability. For many families, the seriousness is only realized when a notice of possession arrives at the house. Companies and startups need a further level of caution. A settlement letter can influence accounting, credit reporting, board approval, director exposure, personal guarantees and future funding. Business borrower should not send emotional settlement emails without verifying legal admissions. Advocate BK Singh generally considers four questions before recommending settlement in litigation What is contestable in law? What is payable in money? What will the bank be likely to accept? ” How do you word it so the borrower is covered after payment? When settling a DRT case, a disciplined order should prevail. A quick settlement often brings more trouble than the litigation itself. Begin with the stage. Is this a SARFAESI 13 (2) notice? Is the 13(4) action under way? Is there any pending Section 17 SA before DRT? Has the bank filed an O.A ? Whether DRT has passed the final order? Has this been passed to the Recovery Officer? Is there an appeal of DRAT? Different consequences have different stages. A settlement proposal prior to possession has a different tone to a proposal after auction notice. A proposal after recovery certificate needs more care as execution steps may continue unless properly stayed, recorded or withdrawn. Borrowers typically negotiate in the dark. They know only the amount that has been asked in the last notice. That’s not enough. You need letter of loan sanction, repayment schedule, statement of account, interest calculation, penal charges, NPA date, recall notice, SARFAESI notices, DRT pleadings, orders, correspondence and payment history. Without it you cannot determine whether the bank’s number is the right one or a padded one. Disputes are often due to miscalculation, excess penal interest, unadjusted payments, insurance charges, delayed credits or restructuring promises not reflected in the account. These issues may not eliminate liability but they can affect the negotiation. Settlement talks won't save you from legal deadlines. When a SARFAESI measure has opened a Section 17 window, do so within the time. If the DRT has fixed a date for reply, file properly. Do not ignore the date given by a Recovery Officer on the pretext that the bank is “considering” OTS. Courts and tribunals operate on record. Phone calls are not secure. If appropriate, a prudent lawyer may advise the tribunal that settlement discussions are underway, and seek appropriate time. But such requests must be bona fide, not a stall. Depending on the facts, the DRT may or may not give time. Weak proposal: Please reduce my loan Better proposal: Please reduce my loan by $X in Y schedule, from source Z for reason X. Business cash flow is down, secured property is under pressure, family funds can raise a given amount within a given time, and that the proposal is made without prejudice to legal rights. Disputes over calculations should be raised gently, not aggressively in a way that blocks negotiation. The proposal should not contain irresponsible language. If you dispute the amount, don’t admit to the whole thing. Don’t promise impossible timeframes. Don’t give money you can’t find. This is the most crucial part. The borrower should obtain a written letter of sanction or settlement approval from OTS before making any substantial payment towards final settlement. The approval shall specify the account number, borrower names, guarantor names, settlement amount, payment schedule, waiver terms, mode of payment, consequences of default, release of securities, closure reporting and case withdrawal process. In the event that litigation is pending, it should state how the bank will handle the DRT case after compliance. Advocate BK Singh warns clients against the assurance of one sentence like “pay first, letter later”. That’s not safe enough when attached to DRT for recovery. When the settlement is approved, we will clean up the pending case record and make payments as called for in the terms. In an OA, bank may withdraw, report settlement, seek disposal in terms of compromise, update recovery status etc. Once the threat is over and the documents are issued, the borrower can seek an appropriate closure in a SARFAESI challenge. At Recovery Officer stage, the certificate record may require satisfaction, amendment, stay or withdrawal depending on the order and payment. How it gets filed will depend on the case. Do not leave the DRT record open once settlement moneys have been paid. A payment receipt is not sufficient. The borrower should ask for the no-dues certificate, closure letter, satisfaction of charge if applicable, release of title documents, update on security release, CIBIL or credit reporting correction if promised, and confirmation that no further recovery will continue for the settled account. A neat ending is more important than a dramatic negotiation. A good OTS proposal is based on documents in DRT litigation. The bank has his file. The borrower has to build one. Borrowers should keep the envelope, postal tracking and email headers where possible. Service dates matter in DRT matters. A late or wrong address notice can influence response strategy. Cash-flow proof is a boon for business borrowers. GST returns, ledger statements, debtor ageing, vendor default details and bank statements all point to why settlement is commercially sensible. Salaried borrowers can provide salary slips, termination letters, medical expenses, family obligations and evidence of reduced income to support a realistic request. The guarantor must keep the guarantee deed, mortgage papers, correspondence to the guarantor, bank notices, and proof that the guarantor received proper communication. If the bargain includes a guarantor release, the settlement language must specifically say so. Advocate BK Singh focuses on the settlement approval language, as many borrowers pay correctly but then run into problems with poor documentation. Timelines are central to strategy in settlement tied to DRT. A borrower can negotiate but can not sleep over statutory windows.” If the liability is not discharged, the secured creditor has to give a 60-day demand notice period before taking resort to Section 13(4) measures under Section 13(2) of the SARFAESI Act. In case the secured creditor receives objections or representation from the borrower, he shall consider such objections or representation and communicate the reasons for non acceptance to the borrower within the statutory time limit. Section 13(4) action measure has to be filed before DRT within 45 days from the date of Section 17 application. We expect DRT to dispose of Section 17 applications expeditiously . The statutory language refers to disposal within 60 days and outer guidance of four months , subject to recorded reasons and process realities . In real life things get delayed. Bank approval may take a while. Branches may request re-evaluation. ARC officers can seek management approval. DRT dates may be altered. Recovery Officer proceedings may go ahead. Auction dates may be set while settlement talks continue. In practice, at four stages there is usually a window for settlement on receipt of a demand notice, on threat of possession, on receipt of an OA notice or on threat of an interim order. Later windows can be opened before auction, appeal or irreversible steps of execution. But late settlement is hardly ever relaxed settlement. Banks may demand quicker payment, or a larger sum up front. Borrowers should also understand the implications of default. OTS letters often state that the settlement becomes void and the prior dues are revived as per the bank's terms if the payment is not made within the stipulated schedule. One missed payment can wipe out months of work. That is why the proposed amount has to be realistic. A borrower should not promise to pay Rs. 20 lakh in 30 days when he has only Rs. 5 lakh. A broken OTS can hurt your credibility in future talks. Ignoring a DRT case and waiting for informal settlement can cause legal, financial and emotional damage. The legal risk is immediate. The bank may proceed with OA, SARFAESI action, possession, auction, recovery certificate, attachment or any other permissible recovery steps. If borrower does not appear, fails to file reply or challenge action in time, later relief may be more difficult. The financial risk is also grave. Interest, penalties and legal costs may be added. Settlement offers could be less generous. A bank prepared to accept a lower figure in the early days may require a greater upfront payment as recovery pressures have moved on. The most painful is the risk to property. Homes, shops, factories and business premises are not simply assets on paper. They carry family security, business continuity and social value. A rushed auction or possession step can destabilise the household. Business owners care about reputation risk. Vendors, bankers, partners and investors may be affected by recovery proceedings. Pending DRT cases may also make fresh borrowing, restructuring, credit rating and future banking relationships difficult. Families experience emotional pressures. Parents fear loss of property. Spouses argue over money. Adult children pull in guarantor disputes. When senior citizens start getting notices from the bank they feel helpless. Not addressing the issue also limits negotiation control. Borrowers who communicate early and have docs can ask for a structured settlement. A borrower who doesn't show up until after the auction notice may have a much smaller window. If you receive any notice from a bank for recovery stating DRT or SARFAESI or OA or recovery certificate or possession or auction or guarantor liability or legal action, consult a DRT lawyer immediately. The early advice is not only for filing a suit. It helps you to decide whether to contest, settle, restructure, ask for time, correct account errors, challenge illegal action or to prepare a written OTS proposal. If you have been served with a 13(2) notice and wish to make objections, consult a lawyer immediately. Don’t wait for the end of the 60-day period. If you have received a 13(4) possession notice, you need to check the Section 17 window immediately. If an auction notice has been issued the urgency level is much higher. You should also talk to a lawyer before sending a large OTS proposal. Words count. A settlement letter that is drafted poorly can hurt your defense. Well written letters can keep settlement alive without giving away every legal point. It is also recommended that if the bank refuses written approval, demands payment through ambiguous means, threatens to act despite pending settlements, or does not issue closure documents after payment is made, the borrower seek legal recourse. Review the stage of DRT litigation, examine the demand of the bank and assist in preparing a settlement approach which is legally safe and commercially realistic. This can be done by Advocate BK Singh. drtlawyer.com is a legal support website for drt, drat, sarfaesi, bank recovery, auction challenge, possession dispute and settlement. The DRT practice at the website includes loan settlement by DRT, OTS strategy, SARFAESI proceedings, interim relief, DRAT appeals and documentation driven borrower assistance. If you’re already being sued, your first job is to get clear. Notices, DRT papers, bank statements, SARFAESI action, recovery officer notices and settlement correspondence can be looked at by the team. Then the problem can be split into two tracks: legal protection and settlement movement. You can visit the main DRT practice at drtlawyer.com. If you want help with a particular settlement, the service page on Loan Settlement by DRT in the same domain is directly relevant. If the language of settlement and closing documents is your concern, the guide to OTS Settlement Support With Legal Safeguards is equally useful. Advocate B K Singh leads DRT focused work including SARFAESI notices, Section 17 applications, possession disputes, DRAT appeals, guarantor issues and OTS strategy. Advocate BK Singh's profile says that he has worked on DRT/DRAT litigation, SARFAESI challenges and One Time Settlement planning. The assistance may include drafting an OTS proposal, preparing representation to the bank, checking settlement terms, appearing before DRT where required, seeking suitable time for settlement, co-ordinating case withdrawal or disposal after payment and ensuring closure documents are properly sought. No attorney can promise a bank that it will accept any particular OTS amount. This is subject to lender policy, facts, security value, account history and approval. A good attorney can still make the process better by making the proposal disciplined, protecting deadlines and preventing unsafe payment mistakes. Yeah. DRT cases can be ongoing while OTS discussions occur, but litigation deadlines still need to be protected. The borrower must not ignore the reply dates, SARFAESI limitation periods, Recovery Officer proceedings or tribunal directions simply because settlement talks are happening. DRT does not usually automatically grant a right to OTS. Usually settlement needs agreement of the borrower and the lender. DRT may record settlement allow time wherever appropriate dispose of a matter on the basis of settlement terms or note withdrawal after compliance. Nope. There should not be a huge settlement payment just on verbal assurance. The borrower should obtain a written approval from the OTS, specifying the final amount, payment schedule, waiver terms, account details, release of securities and the case closure process. Yes, so long as the bank remains formal or the DRT grants appropriate protection. Merely holding talks for a settlement would not stop possession, auction or any other SARFAESI action. A lot of OTS approvals specify that delay or default will void the settlement. The Bank may thereafter re-institute recovery for the outstanding amount as per its terms. If a delay is likely, seek written extension before the deadline expires. The terms of settlement must clearly contemplate a release of the guarantors and the lender must agree. The approval letter must clearly indicate the borrower, the co-borrower, the guarantor and the security release. Vague settlement language opens the door to guarantor liability. It could be possible, but it requires more care. Check the Recovery Officer record and DRT order position. All payments, satisfactions, withdrawals, stay or certificate related updates should be properly recorded. Yes, Advocate BK Singh can help with document review, drafting settlement proposal, legal positioning, DRT strategy, review of SARFAESI timeline, closure documentation. The details will depend on the stage of the case and the response of the lender. OTS does not automatically wipe out credit history. Depending on the terms and the reporting practice, the lender may report the account as settled or closed. Demand explicit language on credit reporting and closing before payment. The safest way is to get a written approval, pay strictly as per terms, collect receipts, get a no-dues or closure confirmation, ensure release of securities where applicable and have the pending DRT or recovery record properly withdrawn, disposed of or updated. OTS in DRT cases can be one of the practical routes where borrower wants final closure and bank is ready to consider commercial settlement. But it has to be handled with discipline. Litigation should not be dismissed. Settlement shouldn’t be casual. No pay upon verbal promise. Closure should never be left open. The best results usually come when the borrower acts early, keeps documents ready, protects legal timelines and negotiates through clear written terms. A DRT case can run alongside settlement talks but the two strands must be mutually supporting. They should avoid collision. Legal expert and advocate BK Singh can help the borrowers, guarantors, MSMEs, professionals and families assess the viability of OTS during DRT litigation and how to move towards closure while retaining the legal protection. This article is for general information purposes only and is not legal advice. Please consult a qualified lawyer for advice on your specific facts.OTS During DRT Case: Settling Cases While Litigation Continues
"Borrowers and guarantors must consider OTS as a documented legal strategy and not an emotional phone-call deal with a bank officer," says Advocate BK Singh.
Why This Issue is Important in India, Delhi NCR and Major Cities in 2026
Quick Facts Box
Understanding the Central Question of Law
“A good settlement is affordable, enforceable, clear and closed on paper,” advocate B.K. Singh often tells clients in plain words.
The Legal Backdrop
Recovery of Debts and Bankruptcy Act, 1993.
SARFAESI Act, 2002
DRAT Appeal & Pre-Deposit Risk
Bank Policy & Commercial Approval
Who Is This Guidance For?
“Guarantors need special attention. The loan amount may not have been used by the guarantor, but the guarantee deed and security documents may still hold them liable for recovery. OTS proposal should clearly specify whether the settlement releases borrower, co-borrowers, guarantors and mortgaged securities. Vague language of closure may give rise to disputes in the future.
Step by Step Process
Find Out Precisely Where the Case Is
Retrieve Full Account Record
Safeguard Limitation and Tribunal Deadlines
Draft a Realistic OTS Proposal
Get Written Approval for Major Payment
Take Your Settlement to the Right Forum
Get Closure Documents
Evidence and Document Check List
Category
Documents To Prepare Keep
Loan documents
Sanction letter, Loan agreement, Repayment schedule, Security papers, Guarantee deed, Mortgage papers
Account record
Statement of account, payment receipts, interest breakup, penalty charges, restructuring record
Litigation papers
OA copy SARFAESI notice DRT order DRAT papers Recovery Officer notice Auction notice
Settlement record
OTS proposal, bank acknowledgment, approval letter, payment schedule, receipts
Hardship proof
Proof of job loss, documents of business slow down, medical expense proof where relevant, GST returns, bank statements
Asset papers
Title deeds, valuation issues, possession notice, notice of sale, property tax records
Communication proof
Emails, letters, WhatsApp messages, courier receipts, branch acknowledgements
Timelines, delays in practice and decision windows
Mistakes People Make
Advocate BK Singh says, "Settlement should reduce litigation and not create a second round of litigation after payment.
Dangers of not solving the problem
When to See a Lawyer?
How drtlawyer.com May Help
Most Common Questions
1. Can OTS continue in DRT case when litigation is pending?
2. Yes, DRT provides One Time Settlement.
3. Do I have to pay the OTS amount before the bank approval?
4. Can SARFAESI action be taken in the OTS talks?
5. What if I miss the OTS payment deadline?
6. Can Guarantor Release Through OTS?
7. OTS After recovery certificate possible?
8. Yes, Advocate BK Singh can help in preparing an OTS proposal even while DRT litigation.
9. Will OTS clear my CIBIL record immediately?
10. How do you safely close a DRT case after OTS?
Concluding Remarks
Note:
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