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We have filed a counter claim against bank under the securitisation act. This was filed before they filed there original application under DRT act. Is the counter claim maintainable under the securitisation act? Some advocates say it is not maintainable under securitisation act, but we can make counter claim by way of written statement in the OA. We are totally confused because full court fee has been paid for the counter claim and matter is still under adjudication. If the counter claim is not maintainable under securitisation act then where we can make our counter claim?

2006-11-18 23:49:37 · 5 answers · asked by Deepak M 1 in Politics & Government Law & Ethics

5 answers

kuch smajha nahi
but if u think the bank has done wrong just appraoch the banking obudsman first and see
go to rbi.gov.in

2006-11-18 23:57:50 · answer #1 · answered by ukmad 3 · 0 0

Yeah The need for me is to on what matter U have made the Counter Claim on the Bank Based on the reasons of the problem I can say whether counter claim is acceptable in the judiciary or not

2006-11-19 08:06:39 · answer #2 · answered by Ramasubramanian 6 · 0 0

Counter Claim is maintainable if it is prepared with appropriate grounds and based on the violation of RBI guidelines and Supporting law of torts, Law of Damages and Law of Contract etc.
It may be wrong step to apprach Ombudsman .
You have to enagage studious Lawyer and who can understand the Provisions of SARFAESI ACT 2002 ,PROVISIONS OF CONSTITUTIONS and Who has studied various Judgement s of Supreme Court and High courts.
This kind of the case involves at least 45 to 52 Acts currently in Force and unless one has study of these Laws, it is difficult to Plead before P.O. of DRT.

Note Lawyer must Read each and every document of your case and Bank statement with applying mind and careful Reading of all Documents needs at least 15 to 30 days time and then he may be able to step in your shoes.

Thanks,
Expert in Legal Matters.& Claims

2014-03-02 04:47:42 · answer #3 · answered by vijay 1 · 0 0

don't be a jew

2006-11-19 07:51:12 · answer #4 · answered by M T 1 · 0 0

PLEASE get an attorney.

2006-11-19 07:56:13 · answer #5 · answered by PATRICIA MS 6 · 0 0

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