CREDIT CARD issuer has filed case u/s 19 of ARBITRATION ACT?
ABHISHEK
(Querist) 16 July 2010
This query is : Resolved
I have been issued the show cause notice from the court as the credit card issuer bank named KOTAK MAHINDRA BANK filed the civil case for recovery under section 9 of ARBITRATION & CONCILIATION ACT 1996read with section 151 of code of civil procedure,1908..
The case was filed on 14th JULY 2010 by the BANK & the date of hearing is on 17th JULY 2010..?/
The notice has been served on 16th JULY 2010 to me mischieviously/intentionally by the bank..??
Should I appear in the court tomorrow or not ?
Does the case regarding the recovery of credit card dues be filed under the above mentioned act and if so then how should I argue/or present in the court to DEFEND myself as I am under financial crisis and there fore I need 2 years time from the court to repay the outstanding of the credit card.??
PLS. HELP as the date of hearing is tomorrow and I am under depression.
Devajyoti Barman
(Expert) 17 July 2010
The copy of the pleading needs to be seen.
The bank only seems to invoke the arbitration clause and hence you have to just appear and pray for its referral to the arbitrator for the adjudication of the dispute.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
U should appear & contest. The application is only for interim measures , therefore U have to see what they are asking for & contest accordingly.
