ABHISHEK (PROPRIETOR) 16 July 2010

BANKS using civil courts to recover the dues on credit cards

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 1996 read 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.

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2 Replies

Anil Agrawal (Retired) 17 July 2010

Forget about the niceties and legalities. First appear before the court.

ABHISHEK (PROPRIETOR) 17 July 2010

I appeared before the court & came to know that the bank has filed the case on the grounds of my signing the credit card application form which consists of T&Cs in very fine print.

The bank said that while accepting T&Cs ,I had accepted the arbitration (without knowing the mentioning of arbitration word).

The court has asked us to file a reply along with citations stating the non-maintainibility of the INTERIM application of the bank..

I request the wizards of law to pls. guide me along with the reference of citations in favour .

I would be grateful.