Banking and recovery

DRT Hyderabad: What Cases Can Be Filed Before the DRT?

DRT Hyderabad: What Cases Can Be Filed Before the DRT?

Statutes referred

  • Recovery of Debts and Bankruptcy Act, 1993
  • SARFAESI Act, 2002, Sections 17 and 18

Questions

What cases can be filed before the DRT in Hyderabad?

Typically, original applications by banks and specified financial institutions for recovery of debts under the Recovery of Debts and Bankruptcy Act, 1993, subject to the notified pecuniary threshold; and Section 17 SARFAESI applications against measures taken by a secured creditor.

Can I file in the DRT because my borrower lives in Hyderabad?

Territorial jurisdiction, the definition of bank or financial institution, and the pecuniary threshold all have to be satisfied. A private lender with an ordinary money claim is usually in the civil court, not the DRT.

Is a SARFAESI case the same as a bank’s original application?

No. An original application is a recovery proceeding by an eligible creditor. A Section 17 application is a challenge to SARFAESI measures. They are different pleadings with different limitation and deposit rules.

What is the deposit for a SARFAESI appeal?

Section 18 requires a statutory pre-deposit of a prescribed percentage of the debt due as a condition of the appeal to the DRAT, with a limited power to reduce it within the statute. Check the current percentage at the time of filing.

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