respondent, in support of his case, may also submit a counterclaim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal ... such counterclaim or set-off falls within the scope of the arbitration agreement.] [Inserted by Act No. 3 of 2016 dated 31.12.2015.] (3) Unless otherwise
from the Civil Court to the DRT to be tried as a
counterclaim, and could a Coordinate two Judge Bench in State Bank
of India ... bank/financial
institution to claim any set-off or make any counterclaim against them. On
that, among other grounds, the Act was held
referred to arbitration and the
claimant had concurred in referring the counterclaim to the same
arbitrator; and/or (b) it had set out the said ... counterclaim in its reply
statement to the application under Section 11 of the Act and the Chief
Justice or his designate refers such counter claim
later stage,
the respondents made a prayer to treat the counterclaim as a
plaint in a cross-suit, The trial court dismissed the suit ... remanded the case to the trial court with a direction that
the counterclaim be treated as a plaint in the cross-suit
and the reply
that in the Tribunal's view none of
these alleged Counterclaims was admissible and majority of these claims
stood settled. It was also observed ... under:
"4.60 As will be seen, the majority of the Counterclaims is said to
be caught by the settlement agreement
proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction; (d) procedure
COMMERCIAL COURTS ACT, 2015
9. Transfer of suit if counterclaim in a commercial dispute is of Specified Value.
(1) Notwithstanding anything contained in the Code ... Civil Procedure, 1908, in the event that a counterclaim filed in a suit before a civil court relating to a commercial dispute is of Specified
taken into account for determining Specified Value; and (e) where the counterclaim is raised in any suit, appeal or application, the value of the subject ... matter of the commercial dispute in such counterclaim as on the date of the counterclaim shall be taken into account. (2) The aggregate value
liberty to file a written statement in answer to the counterclaim of the defendant within such period as may be fixed by the court ... counter-claim apply to the Court for an order that such counterclaim may be excluded, and the Court may on the hearing of such application
effected in the year 2000,
whereby the provisions for set-off and counterclaims were included under
Section 19 of the RDB Act. The newly inserted ... Sections (7) and (9)
under Section 19 provided that a set-off/counterclaim filed by the borrower
would have the same effect as a plaint
