Recovery/Counter claims
Shyam Ji Srivastava
(Querist) 13 March 2009
This query is : Resolved
Dear Members,
A nationalised Bank entered into a agreement with private body for security guards. remuneration of unarmed guards was fixed Rs. 3775/ per month per guards and Rs.7134/ was fixed for armed guards. the person who has signed the agreement manupulated and received payment Rs. 7134/- for unarmed guards from four branches up to 4 months. the bank stopped the payment and also denyed to operate the accounts of the person who has signed agreement. He has filed Civil Suit for Injunction against bank.
whether bank can claim refund of excess payment through counter claim or through fresh suit. suggest immediately
PALNITKAR V.V.
(Expert) 13 March 2009
The bank certainly file counter claim for recovery of excess amount. Separate suit is not necessary.
Srinivas.B.S.S.T
(Expert) 13 March 2009
Counter claim can be filed in lieu of written statement in a suit filed by the person against the bank. If that person has not filed any suit against the bank the bank has to file a fresh suit against him. As far as my little knowledge is concerned no counter claim can be filed in an injunction suit.
M. PIRAVI PERUMAL
(Expert) 14 March 2009
The bank can file counter claim for recovery of excess amount.
MANISH
(Expert) 14 March 2009
In such a case,
the bank may file a counter claim, there is no need to file any separate suit.
sanjay singh thakur
(Expert) 14 March 2009
Dear Shyam Ji
In the given facts and circumstances best option is to file counter claim and the same will definitely allowed.
Kamlesh soni
(Expert) 14 March 2009
The bank certainly file counter claim for recovery of excess amount. Separate suit is not necessary
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 March 2009
You have to prove manipulation of agreement beyond doubt before Court; if there is visible manipulation even criminal action can be initiated.
But in all probabilties there will be come collusion of the bank staff than matters will be defficult and party can even ask for damages.
SANJAY DIXIT
(Expert) 25 March 2009
YES. Bank can claim refund of excess payment through counter claim or through fresh suit.
