DRT Cannot Ignore Binding Remand on Counter-Claim Jurisdiction: DRAT Kolkata

Doon Valley Rice Limited Vs State Bank of India & Ors. (DRAT Kolkata) The appeal before the Debts Recovery Appellate Tribunal (DRAT), Kolkata arose from an order dated 21.11.2017 passed by the Debts Recovery Tribunal (DRT)-II, Chandigarh in O.A. No. 3607/2017. By that order, the DRT directed the appellant to approach a civil court in respect of its counter-claim, holding that the counter-claim was not maintainable before the Tribunal. Originally, O.A. No. 3607/2017 had been filed by the secured creditor against the appellant. The loan was later assigned to another bank. The original applic...