Drt counter claim limitations
Arnab Sen
(Querist) 14 October 2015
This query is : Resolved
Dear Expert
1. I am defendant, a PSU bank filed a suit against my firm at Kolkata DRT on 5th July 2012 (against dispute dated June 2009) and I submit my WS within 10 days of receiving summon 1st hearing scheduled to be held next year (2016).
2. On 20th March 2014 I filed a damage suit against the bank at Calcutta High court.
3. Despite serving notice and 2 hearing dates nobody from the bank entered their presence in Calcutta High court I wonder why?
4. Now I came to know that a counter claim should have been submitted at DRT also.
5. Sir can I submit a counter claim now after filing WS at DRT and is there any time barred/ limitations having in mind that it is a 2009 dispute.
Thanks
Regards
Arnab Sen
RAJU O.F.,
(Expert) 14 October 2015
As per Sec.19(8), the defendant can make counter-claim, before the defendant has delivered his defence. You may try at this stage, if not objected by the Tribunal.
Arnab Sen
(Querist) 14 October 2015
thanks sir for your reply
Arnab Sen
(Querist) 16 October 2015
Dear experts
Can two claims run simultaneously, especially when I already mentioned my Calcutta high court’s claim in my WS to DRT and will it wicker my position at DRT?
Thanks
Arnab Sen
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
The counter claim you propose to file before DRT Kolkata is different to that of the case filed before high court, first of all you may initiate the filing of counter case or you can use the option for filing additional written statement in which you can add your counterclaim, if the tribunal accepts it then you can proceed or else you can file a separate one.
