Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2022

Supreme Court of India · 2022-11-10

BANK OF RAJASTHAN LTD. vs VCK SHARES AND STOCK BROKING SERVICES LTD.

Citation / case number
SC 2011/37973
Court
Supreme Court of India
Petitioner
BANK OF RAJASTHAN LTD.
Respondent
VCK SHARES AND STOCK BROKING SERVICES LTD.
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE VIKRAM NATH

Judgment text excerpt

The Supreme Court ruled that under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDB Act), a Debt Recovery Tribunal (DRT) has jurisdiction to hear counter-claims and set-offs made by a debtor. The Court held that such claims should not be tried exclusively by a Civil Court, affirming the DRT's authority to adjudicate these matters. The judgment of the Calcutta High Court was set aside, reinforcing the DRT's jurisdiction over the counter-claims in question.

BANK OF RAJASTHAN LTD. vs VCK SHARES AND STOCK BROKING SERVICES LTD. · Niyam