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RECOVERY OF DEBTS DUE TO BANKS

AND FINANCIAL INSTITUTIONS ACT,


1993, (RDBF Act)
The RDBF Act has been enacted for establishment of
Debt Recovery Tribunals (DRTs) for expeditious
adjudication and recovery of debts due to Banks and
Financial Institutions.
It extends to the whole of India except the State of
Jammu & Kashmir.

Legal Section: Recovery Wing:

RDBF Act

Debts Recovery
Tribunal
DRT (33 nos) 6
new are proposed to
be constituted in
Bangalore,
Chandigarh,
Dehradun, Siliguri,
Ernakulam and
Hyderabad
Legal Section: Recovery Wing:

Debt
DebtRecovery
RecoveryAppellate
Appellate
Tribunal
Tribunal
DRAT
DRAT(5
(5nos.)
nos.)Allahabad,
Allahabad,
Delhi
DelhiKolkata
Kolkata&&Mumbai
Mumbai

Constitution of DRTs

Legal Section: Recovery Wing: Head Office:

Jurisdiction:
Exclusive Jurisdiction to adjudicate debts due to Banks and
Financial Institutions involving `10.00 lacs & above [Section 1(4)].
No Civil Court shall have jurisdiction to decide/ adjudicate
claims/debts that is exclusively vested with DRT /DRAT under this Act
(Section 18).

Legal Section: Recovery Wing:

Application to the Tribunal: (Section 19)

The defendant, or
each
of
the
defendants, at the
time of making the
application, actually
and
voluntarily
resides or carries on
business
or
personally works for
gain

Any
of
the
defendants, where
there are more than
one, actually and
voluntarily resides
or
carries
on
business
or
personally works for
gain

The cause of
action, wholly or in
part, arises.

The application shall be dealt with as expeditiously as possible and


endeavor shall be made by the DRT to dispose of within 180 days
from the date of filing. [Section 19(24)]
Legal Section: Recovery Wing:

Claim Petition
Where a bank or financial institution has to recover any debt, an
application under Section 19 (1) of the Act is to be filed before the
DRT
A claim petition is like a plaint filed before the Civil Court. It shall
contain the following particulars:
Description of the bank and the defendant
Jurisdiction of the Tribunal
Limitation
Facts of the case
Cause of action, claim amount and prayers
Interim relief if any

.
Legal Section: Recovery Wing: Head

Court fees:
Minimum `12,000/- plus `1,000/- for every `1 lakh of debt or
part thereof in excess of `10 lacs, subject to a maximum of
`1.50 lacs.
Issuance of Summons:
DRT issues summons requiring the defendant to show cause
within 30 days from the service of summons.
After receipt of summons, defendant shall file written statement
within the time stipulated by the Tribunal
Legal Section: Recovery Wing:

Written statement :: Set Off::Counter Claim


Written statement with Set Off/ Counter claim shall have the
same effect as a plaint in a cross-suit so as to enable the
Tribunal to pass a final order in respect of both the original
claim and the set-off.
Bank can file written statement in answer to the counter-claim
of the defendant within such period as may be fixed by the
Tribunal.

Legal Section: Recovery Wing:

Interim Orders
Attachment of the property
Interim Injunction
Appointment of Receiver for Management of the property
Appointment of commissioner for preparation of an
inventory of the assets and for the sale thereof

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Adducing Evidence:
Bank to adduce evidence by way of proof affidavit along with
original documents
Defendant to file counter proof affidavit to substantiate their
case stated in the written statement or counter claim as the
case may be
If either of the parties in the DRT proceedings desires to cross
examine the person who has filed affidavit, he has to file
application for cross examining the said witness
After receipt of the application, Presiding Officer of the DRT
shall allow or disallow the said application on merits
Legal Section: Recovery Wing:

After completion of evidence, the DRT shall hear both


parties and pass final orders
Presiding Officer of DRT shall issue Recovery Certificate
in terms of the final Orders

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Appeal
Appeal against order of DRT shall prefer before Debt Recovery
Appellate Tribunal (DRAT)
Appeal shall be file within 45 days from the date of receipt of order
Fees for Appeal is prescribed in the DRT/DRAT Procedure Rules
The Appellate Tribunal may condone the delay for filing the Appeal
Debtor has to file appeal against the Bank by depositing 75% of the amount
of debt determined by DRT
Appeal shall be disposed by the Appellate Tribunal within Six months
No Appeal shall be preferred against the Order made with the consent of
the parties
Legal Section: Recovery Wing:

Recovery Proceedings

Receipt of RC by Recovery Officer


Issuing of demand notice by Recovery Officer to the Certificate Debtor

On failure of Certificate Debtor to pay the amount as per RC, The Recovery
Officer shall proceed to recover the amount of debt specified in the Certificate
by one or more of the following mode.
(a)attachment and sale of the movable or immovable property of the
defendant;
(b) arrest of the defendant and his detention in prison;

(c) appointing a receiver for the management of the movable or immovable


properties of the defendant.
Legal Section: Recovery Wing:

An appeal lies against the order of the


recovery officer under Sec 30 of the Act.
Such an appeal is to be made within a
period of 30 days to the tribunal. The
tribunal after hearing both the parties
may either confirm, modify or set aside
the order of the recovery officer

Legal Section: Recovery Wing: Head

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Debt Recovery Tribunal (refund of Court


fee ) Rules 2013
The PO of DRT may permit refund of court
fee
- 50% of the fee in cases settled prior to the
commencement of hearing
- 25 % of fee in cases which are settled at
any stage before the passing of final order
by the PO.
Legal Section: Recovery Wing: Head

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