Debt Recovery Tribunals (DRTs) play a crucial role in facilitating the recovery of debts owed to banks and financial institutions in India. To navigate this process effectively, it’s essential to understand the rules and procedures involved. In this comprehensive guide, we’ll explore the key aspects of filing applications with DRTs under the “Debts Recovery Tribunal (Procedure) Rules, 1993.”
Before diving into the procedures, let’s clarify some fundamental terms:
The proceedings in a DRT can be conducted in either English or Hindi. However, any documents or matters in other languages must be accompanied by an accurate translation in English or Hindi.
File applications with the Registrar within whose jurisdiction the bank or financial institution operates.
Clearly present the grounds for the application, and if seeking interim orders, specify them. It’s not necessary to file a separate application for interim orders if included in the original application.
Attach a paper book containing various documents, including details of the debt, relied-upon documents, and proof of the application fee. Documents should be attested and typed neatly.
An applicant cannot seek relief based on more than one cause of action in a single application unless the reliefs are consequential.
A copy of the application and paper book must be served on each respondent by registered post as soon as they are filed.
The defendant has one month to file a reply along with documents. Failure to do so may lead to the Tribunal proceeding to pass an order.
The Tribunal notifies the parties of the hearing date and place as directed by the Presiding Officer.
All orders of the Tribunal must be in writing, signed, dated, and pronounced in open court.
Orders fit for publication may be released with certain terms and conditions.
All orders are communicated to the applicant and defendant either in person or by registered post, free of cost.
Fees are charged for inspecting records and obtaining copies.
The Tribunal may issue orders or directions to secure the ends of justice.
Details about the working and sitting hours of the Tribunal.
Procedures to follow when the last day for an act falls on a holiday.
The Registrar’s roles, including custody of records and the use of the official seal.
Information about the official seal and emblem of the Tribunal.
Further powers and duties of the Registrar, including receiving applications and deciding on their scrutiny.
Understanding the rules and procedures outlined in the Debts Recovery Tribunal (Procedure) Rules, 1993 is crucial when dealing with debt recovery matters. It’s advisable to seek legal counsel or engage a legal practitioner experienced in DRT proceedings to ensure compliance and effectively pursue debt recovery.
For more details, you can refer to the official document outlining the Debts Recovery Tribunal (Procedure) Rules, 1993.