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NAYANMONI KALITA   15 April 2023

Counter suit

How to file a countersuit against a bank who filed recovery suit against genuine defaulter?



Learning

 2 Replies

P. Venu (Advocate)     15 April 2023

What are the facts as to the counter suit? What do you mean by "genuine defaulter"?

T. Kalaiselvan, Advocate (Advocate)     16 April 2023

It’s a lawsuit filed by a defendant against a plaintiff in direct response to a suit brought against the debtor by that plaintiff. The countersuit asserts an independent Cause of Action in favor of the defendant (debtor).

While some countersuits simply seek declaratory relief from your claim, most also seek a monetary award. They are often based on a tort, a civil wrong for which the court will provide a remedy in the form of actual damages and also punitive damages. Torts address negligent acts or omissions independent of contracts.

Be aware that, in some cases, an unscrupulous defendant may fabricate a spurious countersuit simply as a defense tactic in the hope that it will cause you to drop your claim against him.

 

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