FAQs on COUNTER CLAIM
BEFORE
DEBTS RECOVERY TRIBUNAL
Counter Claims before Debts Recovery Tribunal (DRTs) has always been a subject of great anxiety for the defenders of bank claims. What all comes to their mind is mind boggling. Just check out some of the questions that they have been asking:
- What are Counter claims before the Debts Recovery Tribunal ?
- Do I have to pay a fee for filing my counter claim application before the Debts Recovery Tribunal?
- I expect the Bank to file an application against me in the Debts Recovery Tribunal. Can I file my counter claim in the Debts Recovery Tribunal in anticipation of the bank filing an claim against me in the DRT?
- I want to file an application against the Bank in the Debts Recovery Tribunal under Section. 17(1) of the SRFAESI Act. Can I include counter claim against the Bank in this application?
- What should the counter claim before the Debts Recovery Tribunal be based upon?
- How are Counter claims filed in the Debts Recovery Tribunal ?
- When can I file a counter claim before the Debts Recovery Tribunal ?
- The principal borrower has not caused appearance before the Debts Recovery Tribunal and is also not putting up any defence in the DRT. Can the guarantor set up a counter claim against the Bank in the Debts Recovery Tribunal ?
- Can more time be sought from the Debts Recovery Tribunal for filling the Counter claim?
- I could not file my counter claim and defence reply before the Debts Recovery Tribunal within the time prescribed. The Debts Recovery Tribunal has set me ex-parte and has gone ahead with hearing the claim of the Bank. Can I apply to the Debts Recovery Tribunal to allow me to file my counter claim now?
- Are there any limitations on the Debts Recovery Tribunal from hearing and deciding some Counter claims against the Bank?
- Can the Debts Recovery Tribunal refuse to accept my application for Counter Claim against the Bank?
- Can the Bank oppose the admissibility of my Counter claim application in the Debts Recovery Tribunal?
- Can the Debts Recovery Tribunal refuse to pass orders on the preliminary issue of maintainability of the Counter claim and pronounce its decision at the end along with its final order?
- Will the Debts Recovery Tribunal accept a single counter reply which includes defence reply, Counter claim, set-offs, adjustments and satisfaction?
- If the Debts Recovery Tribunal rejects an application for counter claim, what remedies are available to the aggrieved party?
- What is my remedy if the Debts Recovery Tribunal allows the OA but does not pass any orders on my counter claim?
- If the OA is disposed off by the Debts Recovery Tribunal can I still peruse my counter claim?
BankDRT.com has attempted to answer all the above questions based on the latest legal position arising out of decisions being passed by the Supreme Court, the High Courts, the Debts Recovery Appellate Tribunal and the Debts Recovery Tribunal. For detailed answers please click on the this link, or in the alternative visit http://www.bankdrt.com/nf/faqs/describe.php?id=010
For more FAQs on procedures before Debts Recovery Tribunal use the following link:
http://www.bankdrt.com/nf/faqs/index.php
And if you have any question on procedures before Debts Recovery Tribunal you can ask them a question too by using the following link:
http://www.bankdrt.com/nf/qol/index.php
To know further details on Debt Recovery Appellate Tribunal and Debt Recovery Tribunal, the Procedures before the Triubnals, or citations and all other matters visit BankDRT.com which is a repository of a wealth of information on the topic.
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