recovery-of-debts-and-bankruptcy-act-faq

FAQ About Written Statement to Be Filed by Borrower/guarantor Including Counter Claim/set Off

Answer: The defendants have to file a written statement of his defence including claim for set-off or counter-claim.

(See Section 19(5) of RDB Act, 1993)

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Answer: The defendants have to file their written statement within a period of 30 days from the date of service of summons or, which can be extended by the Presiding Officers of Debts Recovery Tribunals by a further period not exceeding 15 days.

(See Section 19(5)(i) of RDB Act, 1993)

Answer: If the defendants claim that they are legally entitled to recover any ascertained sum of money from the Applicant bank or financial institution, the defendants may present a written statement containing the particulars of the debt sought to be set-off along with original documents and other evidence relied on in support of the claim of set-off. 

(See Section 19(6) of RDB Act, 1993)

Answer: The written statement filed by the defendants along with a claim of set-off, will have the same effect as a plaint in a cross-suit so as to enable the Debts Recovery Tribunal to pass a final order in respect of both original claim and the set-off. 

(See Section 19(7) of RDB Act, 1993)

Answer: The defendants may set up by way of counter-claim against the claim of the applicant bank or financial institution, any right or claim in respect of a cause of action accruing to the defendants against the applicant bank or financial institution either before or after filing of the recovery application but before the defendants has delivered his defence or before the time limited for delivering his defence has expired 

(See Section 19(8) of RDB Act, 1993)

Answer: A counter-claim under sub-section (8) shall have the same effect as a cross-suit so as to enable the Tribunal to pass a final order both on the original claim and on the counter- claim.
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