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  1. Judiciary of India. Debt Recovery Tribunal is a quasi-judicial body formed under the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 to facilitate recovery of loans by banks and financial institutions to the customers. Orders of the Debt Recovery Tribunal are appealable before the Debts Recovery Appellate Tribunal.

  2. DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: Starting of Physical Hearing of cases in DRAT, Delhi and DRTs at Delhi. 02/02/2024: no text size 589kb: 6: DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: Causelist For 06/06/2023: 06/06/2023: no text size 589kb: 7: DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: An online training session for e-filing. 30/05/2023 ...

    • What Is DRT?
    • DRT’s Legitimacy
    • Composition of Drts
    • Extent and Scope of Drts
    • The Process of Dr
    • Change in Drts Post IBC
    • Distinction Between The Two Forums
    • Conclusion

    Indian banks and financial institutions had since long been suffering to recover debts and enforce securities from the defaulters. As the procedure regarding such recovery was erratic and extremely cumbersome, the Narasimham Committee of 1991 recommended the setting up of Special Tribunals like DRTs (Debt Recovery Tribunals) and DRATs (Debt Recover...

    In 1995, the Delhi HC struck down RDDBFI, due to its unconstitutional nature which compromised the independence of judiciary. However, the SC allowed DRTs to function, if amendments are made to the existing Act of RDDBFI. Therefore, the government made subsequent amendments to RDDBFI in 200 and 2002, to which the SC gave its nod of being constituti...

    Under 4 of the RDDBFI Act, the Tribunal shall be comprised of only one member (“Presiding Officer”), who shall be appointed by the Central Government upon notification. Upon authorisation of the Central government, the Presiding Officer (“PO”) of one Tribunal may also discharge functions of Presiding Officers of another Tribunal. The PO shall be ap...

    Pecuniary limit under DRTs and the procedure

    The DRTs can be approached for recovery of debts which are more than Rs. 10 lakhs in value. For lower amounts than the above-mentioned value, the banks and financial institutions (“creditors”), need to approach a civil court under CPC (Civil Procedure Code). However, the Act warrants that for other amounts more than Rs. 1 lakh, the Central government can direct certain cases to be adjudged by DRTs. Furthermore, SARFAESI Act, also specifies certain amounts pertaining to different cases, which...

    Jurisdiction of DRTs

    Under 17 of the RDDBFI Act, DRT has the authority to entertain any application from banks and financial institutions, in order to recover loans for such banks and financial institutions. DRAT being the Appellate Tribunal shall have the jurisdiction to entertain appeals against any order made by a DRT under the Act. However, Supreme Court has adjudged that DRT and DRAT cannot decide upon cases like succession rights of property, issuance of receipts, etc. Its jurisdiction is strictly confined...

    The Application Route

    Under 19 of the RDDBFI Act, the conditions are laid down as to under which DRT one has to file an application. Such an application can be filed by a bank or a financial institution to a DRT, that has the jurisdiction, and where the defendant either resides or carries out his business. Moreover, an application can also be filed with a DRT, if the cause of action arises wholly or partly within the limits of the jurisdiction. Along with the application, the prescribed needs to be paid.

    SARFAESI Route

    An application to the DRT can also be made under the Securitisation and Reconstruction for Enforcement of Security Interest Act (SARFAESI), 2002. Under SARFAESI, the secured creditor takes possession of the securities of the debtors, when he fails to discharge all his liabilities. However, there occurs a case, wherein the securities are not able to discharge of the entire debt. Under these circumstances, the creditors have an option of filing an application to the DRT for recovery of the rema...

    Procedures to be followed post-filing an application

    DRTs and DRATs are adjudicated by summary proceedings, in order to expediate the court proceedings. Under 19(12) of the Act, the DRT has the powers to proclaim an interim order against the borrower in order to restrict him from disposing or transferring any property belonging to him without the prior permission from the Tribunal. Moreover, the DRT can go to the extent of detaining the borrower for a period of maximum 3 months for any disobedience of an order or breach of any order issued unde...

    The Insolvency and Bankruptcy Code, 2016 (“IBC”) was brought about by the government in order to unify the legal framework on bankruptcy and insolvency issues. IBC consolidated various laws relating to insolvency by amending close to 11 laws, including Companies Act, 2013, RDDBFI 1993, SARFAESI, 2002. It also did away with various old laws like Pre...

    The first basic point of difference between the two tribunals is that DRT is regulated by SARFAESI Act and its Parent Act i.e. the DRT Act, on the other hand NCLT is regulated by the Companies Act...

    The present law involving the code still faces confusion as the presence of more than one available forum is tested by implementation of law. The disposal rate of DRTs is alarming as they are unable to reduce the pending cases. The existence of many company related legislations with respect to recovery of debt mandates and asks for interpretation. ...

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  4. Apr 10, 2020 · Debt Recovery Tribunals (DRTs): Background. Bad loans and Non-Performing Assets (NPAs) are a perpetual source of trouble for banks in India. This was an acute problem in the period before 1993, as such cases were listed in civil courts where the proceedings used to drag on for years. In 1993, the Recovery of Debts due to Banks and Financial ...

  5. Jul 18, 2022 · About Debt Recovery Tribunal. The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions.

  6. DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: Starting of Physical Hearing of cases in DRAT, Delhi and DRTs at Delhi. 02/02/2024: no text size 589kb: 6: DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: Causelist For 06/06/2023: 06/06/2023: no text size 589kb: 7: DEBT RECOVERY APPELLATE TRIBUNAL - DELHI: An online training session for e-filing. 30/05/2023 ...

  7. Feb 6, 2024 · Debt recovery tribunals are overloaded with cases, around 2.15 lakh pending before the tribunal. Out of 2.15 lakh cases, Recovery of Debt and Bankruptcy Act: Around 1.6 lakh cases are pending. SARFASI Act: Almost 53,000 cases are registered; Background of Debt Recovery Tribunals

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  3. fastdebtconsolidation.com has been visited by 10K+ users in the past month

    Resolve Any Debt From $15K to $300K. Check if You Qualify for Debt Relief Without a Loan. Settling Your Debt Has Never Been Easier. Fill Out a 30 Seconds Form To Reduce Your Debt.

  4. We Have Partnered With Trusted Lenders That Can Help You Consolidate Your Debt. Compare Interest Rates And Repayments. Simple & Secure Online Application.

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