Banking and recovery

Debt Recovery Tribunal (DRT) and DRAT Explained

Debt Recovery Tribunal (DRT) and DRAT Explained

Statutes referred

  • Recovery of Debts and Bankruptcy Act, 1993
  • SARFAESI Act, 2002

Questions

What is the minimum debt amount for filing a case before a Debt Recovery Tribunal?

The pecuniary threshold under the Recovery of Debts and Bankruptcy Act, 1993 is ₹20 lakh. Claims below that ordinarily go to the civil court. The forum is fixed by the statute, not by preference.

Is e-filing mandatory at DRTs and DRATs?

Electronic filing through the e-DRT system has been made compulsory for pleadings under the RDB Act and the SARFAESI Act. Paper-only filings are no longer taken on record. Always check the current rules of the particular bench.

Can a borrower appeal a DRT order?

Yes. An appeal lies to the Debt Recovery Appellate Tribunal within the statutory window (ordinarily 30 days, with a limited condonation window). Further appeal on a substantial question of law may lie to the High Court.

What is the role of a One-Time Settlement (OTS) in DRT proceedings?

OTS is a commercial compromise with the bank on the bank’s published policy. It is not a court product and nobody can promise that a bank will accept any particular figure. It can run alongside a Section 17 application; it does not replace the statutory clocks.

What documents are needed to file an Original Application before a DRT?

Typically the loan agreement, demand notice with proof of service, account statements, security documents and a verification affidavit. Annexures must be paginated and indexed for e-filing.

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