claims prepared by you run in hundreds of crores. Do the DRT / DRTss have powers to decide such counter-claims and that too under the law of torts?
DRT / DRTs have unlimited powers for the claims filed by the banks and financial institutions. Hence they have unlimited powers for the counter-claims by the borrowers and guarantors. The rank of Presiding Officer is equivalent to a District Judge. The District Judge has unlimited powers for the suit amounts and hence the Presiding Officer of the DRT / DRTs have unlimited powers for the claims and counter-claims. As per the DRT Act, counter-claim can be set up for damages also. The Supreme Court has specifically laid down that claim and counter-claim are to be decided together by the DRT / DRTs. As regards the Law of Torts, it is a substantive law. There is no exclusion of this law in any court including that in DRT / DRTs. The famous case of Union Carbide awarding damages of Rs. 750 crores under the law of torts was decided by a District Judge in Bhopal. For the first time in the legal history of the country, in this case interim damages of Rs. 250 crores were awarded.
