Jurisdiction, Powers, and Authority of DRT and

DRAT
As per section 17 of RDDBFI Act, vests jurisdiction, power and
authority on DRT to entertain and decide application from banks
and financial institutions to recover a debt due to such banks and
financial institutions.

Section 18 bars the jurisdiction of any civil court or authority for

recovery of debt, except High Court and Supreme Court in the
exercise of their writ jurisdiction under Article 226 and 227 of the
Constitution of India. Thus in essence order of DRAT can be
challenged in writ jurisdiction of High Court or Supreme Court

Procedure for filing cases for recovery of money

under RDDBFI Act
Now having understood the basics of RDDBFI Act, including DRT
and DRAT, now understand the procedure which is to be followed
or the process of recovering money under this Act:

Following are the pleadings which are filed in DRT by the parties

1. Original Application (O.A) refers to the claim filed by the

bank or financial institution for recovery of debt from the
borrower.
2. Interlocutory Application (I.A) refers to the applications
filed during the pendency of the case.
3. Miscellaneous Interlocutory Application (Misc. I.A) refers
to applications filed under clause e,g or h of section
22(2) of the RDDBFI Act.
4. Written Statement/ reply refers to defense of the
borrower

An Application has to be filed within the local jurisdiction of

relevant DRT, as per section 19(1) of the Act, Application can be
filed within the local limit of DRT in whose jurisdiction where:

1. the branch or any other office of the bank or financial

institution is maintaining an account in which debt
claimed is outstanding;
2. the defendant voluntarily resides or carries on his
business or works for gain;
3. in case there are more than one defendant, at the place
where any one of the defendants voluntarily resides or
carries on his business or works for gain;
4. where the cause of action wholly or partly arose.
Further, where a bank or a financial institution, which
has to recover its debt from any person, has filed an O.A
 and against the same person another bank or financial
institution also has claim to recover its debt, then, the
later bank or financial institution may join the applicant
bank or financial institution at any stage of the
proceedings, before the final order is passed, by making
an application to that DRT.

Application contents
Along with the Application certified true copies of the documents
on which the bank or financial institution is relying in support of
its claim needs to be filed. Further, Applicant inter-alia should
state the following:

1. Grounds of an application under different heads should

be stated concisely;
2. Particulars of debt secured by a security interest in the
property or assets belonging to the debtor and estimated
value thereof;
3. If the secured assets are not sufficient to cover the debt
then the particulars of any other property or assets
owned by the debtor should be stated;
4. If the value of other assets is not sufficient to cover the
debt, then a prayer must be made requesting for
direction to the debtor for disclosing his other property
or assets details.

Language and forms of pleading and other formalities

All pleadings shall be done in English or Hindi language. If in the
English language then font should be Times New Roman with a
font size of 13. There should be double spacing between the
lines. Left-hand margin should be 5 centimetres and right-
hand margin should be 2.5 centimetres. In all pleadings,
legal size (A3) paper should be used.

A paper book is made which should include following:

1. Index in Form 1
2. List of dates and events
3. Pleadings i.e Application
4. Interlocutory Application, if any
5. Affidavit
6. Index of documents/Annexure
7. Original/attested copy of documents
8. Power of attorney/board resolution/ authorization letter
9. Vakaltnanma, if represented by counsel

While filing O.A a copy of the statement of account, certified in

accordance with the provisions of the Bankers’ Books Evidence
Act, 1891, needs to be filed along with the O.A., stating the rate
 of interest with a certificate that the interest has been charged at
such rate. Also, details of penal interest charged from the
borrower needs to be mentioned along with a certificate that the
penal interest has not been capitalised.

While submitting torn or small document which is smaller than

legal size paper, such documents need to be pasted on legal size
paper to ensure that they fit the paper book.

All the pages of the paper book need to be signed, and the name
of the person who is signing the pleadings must be written in
each page in capital letters. Also, the party can affix digital
signature, and in the case of illiterate person thumb impression is
affixed, and his/her name be written in capital letters.

All the Annexures/documents should be attested with the

following sentence mentioned on each page

“This Annexure is the true copy of the original document”, with all
the pages of document duly signed.

One complete set of the paper book needs to be served to the

other party.

Fee

Application for recovery of debts due

under section 19(1) or section 19(2) of
the Act

(a) Where amount of debt due is Rs. 10 Rs. 12 000/-

lakhs

Rs. 12 000/- plus Rs. 1 000/- for every one lakh rupees of
(b) Where the amount of debt due is debt due or part thereof in excess of Rs. 10/- lakhs subject to
above Rs. 10 lakhs a maximum of Rs. 1 50 000/-

Application to counterclaim under

section 19(8) of the Act—

(a) Where the amount of claim made is

up to Rs. 10 lakhs Rs. 12 000/-

(b) Where the amount of claim made is

 Rs. 12 000/- plus Rs. 1 000/- for every one lakh rupees or part
above Rs. 10 lakhs thereof in excess of Rs. 10 lakhs subject to a maximum of Rs.
1 50 000/-.

Application for Review including review

application in respect of the counterclaim

(a) against an interim order

Rs. 125/-

(b) against a final order excluding review

for correction of clerical or arithmetical -50% of fee payable at rates as applicable to the applications
mistakes under section 19(1) or 19(8) of the Act subject to a maximum
of Rs. 15 000/-

Application for interlocutory order Rs. 250/-

Appeals against orders of the Recovery

Officer

If the amount appealed against is

(i) less than Rs. 10 lakhs Rs. 12 000/-

(ii) Rs. 10 lakhs or more but less than Rs. Rs. 20 000/-
30 lakhs

Rs. 30 000/-
(iii) Rs. 30 lakhs or more

Vakaltnama Rs. 5/-

While filing O.A or I.A or review or appeal. The fee must be paid
by way of Demand or Postal Order in favour of Register, of DRT,
payable at the place where DRT is situated. The amount of fee
payable is as under:
Presentation/filing of application for recovery
After completing pre-filing formalities as mentioned above, the
application can be filed before Registrar or any other officer of
DRT as authorised by the Registrar. The application can be filed
before 4:30 PM on any working day. The application can also be
filed through e-filing.

One presentation of application Registrar or the officer authorised

by him shall give diary number, date of filing with his
endorsement, to the party filing the application. The application
so filed will be securitized by Registrar or the officer authorised by
him within 15 days. In the case of defects were found applicant
will be given 15 days’ time to remove the deficiency, in case
applicant failed to cure the deficiency within the period of 15
days, he can apply for extension and registrar can give him
extension subject to a maximum of one month. Even after
extension if the applicant fails to cure the defect application will
not be registered by the Registrar.

Once all the defects are cured, or there are no defects in the
application, Registrar of DRT will get the application/case
registered and allot a serial number to the application. Cause list
of cases to be listed before Registrar will be placed in board or
website of DRT a day before scheduled hearing.

Service of Summon/Notice
The Registrar of DRT or any other officer authorised by Presiding
Officer will issue Summon/Notice, which will be served by the
applicant to the defendant/respondent. Following the details of
the forms in which Summons/Notice was issued:

1. Summons in respect of O.A in Form-3

2. Notice in respect of S.A. in Form-4
3. Notice in respect of an application filed under section 31-
A of the Act in Form-5
4. Notice in respect of Misc. I.A. in Form-6
5. Notice in respect of an appeal in Form-7.
The Summon/Notice which also contains the paper book of
petition/application is generally served on to the
defendant/respondent by hand or registered post with
acknowledgement due (AD) or speed post or courier. With the
permission, of Registrar, Summon/Notice can also be also sent
through email or fax, however, in such event, it must be ensured
that defendant/respondent gets a copy of the paper book on the
first date of his appearance. If the Summon/Notice is delivered to
any adult family member of respondent/defendant at his address,
it shall be deemed to be delivered. In case Summon/Notice has
been sent through registered post with AD or speed post or
courier or email or fax, an affidavit should be filed stating mode
of dispatch and the correctness of the address where it was sent.
In such case Summon/Notice shall be deemed to be delivered
irrespective of the fact delivery acknowledgement has not be
received back. If the defendant/respondent is deliberately
avoiding the service of the Summons/Notice in that event with
the permission of DRT Summon/Notice can be pasted at the
visible place of the premises of the respondent/defendant or
publication can be made in leading daily newspaper and in both
cases service will be deemed to be effected on
respondent/defendant. This is also known as substituted service.

Hearing of the case before Presiding Officer

Filing of reply/written statement – Defendant/Respondent within
one month from the date of service of Notice/Summon on him is
required to file the reply. However, with the permission of DRT
respondent/defendant can seek time for filing reply/written
statement. Even if in the extended time period the
defendant/respondent failed to file his reply then DRT may
proceed ex-prate.

The claim of set off /counter claim – Defendant at the first date of
hearing can file a claim for set off/counterclaim. He cannot file it
afterwards without the permission of DRT. The claim of set
off/counterclaim shall have the same effect as a counter suit in
any proceedings.

Admission of liability by respondent/defendant – If the

respondent/defendant admits his liability, in that event Presiding
Officer will pass an order directing respondent/defendant to pay
the admitted amount within the period of 30 days from the date
of the order of the DRT. If defendant/respondent fails to pay the
admitted amount within that period, then Presiding Office may
issue a certificate of debt due in terms of section 19 of the Act.

Affidavits- In the case where defendant/respondent denies his

obligation, in that event Presiding Office may require the parties
to him to prove any fact by filing an affidavit and such affidavits
shall be read in the hearing in the manner which DRT deems fit.
After filing of the affidavits by the respective parties where it
appears to DRT that either the applicant or the
defendant/respondent desires the production of a witness for
cross-examination and that such witness can be produced and it
is necessary for the case, DRT shall for sufficient reasons to be
recorded, order the witness to be present for cross-examination,
and in the event of the witness does not appears for cross-
examination, then, the affidavit shall not be taken into evidence.

Interim Order by DRT

In cases where the applicant apprehends that the borrower may
take steps which may frustrate attempt of execution may make
an application to DRT along with details of property to be
attached and value thereof, and on such application may pass an
interim order directing respondent/defendant, directing him to
deposit before it amount equivalent to property value or amount
which may be sufficient to recover the debt or as and when
required by DRT to place before it disposal the property.

Wherever DRT finds it fit, it may also pass following orders;

 1. appoint a receiver of the property, before or after the
grant of Recovery Certificate (RC);
2. remove any persons from possession or custody of any
property;
3. commit the same to custody, management of the
receiver;
4. confer power on the receiver to file/defend the suit on
behalf of property, or to act in any manner for the
improvement of the property;
5. appoint a commissioner for collecting details of
defendant/respondent’s property or sale thereof.

Judgment and Recovery Certificate by DRT

DRT after giving both the parties opportunity of hearing and
hearing their submissions will within 30 days of the conclusion of
such hearing pass its interim or final order. Within 15 days of the
passing of the order, DRT will issue RC and forward the same to
Recovery Officer. RC will contain the details of the amount to be
paid by recovered by the borrower debtor. RC shall have the
same effect as the decree of the civil court.

Appeal
An appeal by any aggrieved party against the order of DRT can be
filed within the period of 30 days from the date of receipt of the
order. No appeal can be filed against any order which has been
filed with the consent of the parties. DRAT shall endeavour to
dispose-off appeal finally within the period of six months.

Amount to be deposited for filing an appeal – Where the appeal is

being preferred by the debtor, who as per the order of DRT is
liable to pay money to bank or financial institution at the time of
filing appeal is required to deposit before DRAT 50% of the
amount he is required to pay as per the order of the DRT.
However with the permission of DRAT, this amount can be
reduced by DRAT, but reduced amount should not below 25% of
the debt amount which Borrower is required to pay as per DRT
order.

Recovery of debt by Recovery Officer

After receipt of RC from DRT, Recovery Office will initiate
recovery by one or more of following modes:

1. Attachment and sale of movable or immovable property

of defendants/debtors;
2. Taking possession of property over which security
interest was created or any other property of
defendant/debtor and appointing receiver for the
management of the same;
3. Arrest of defendant/debtor and his detention in prison;
4. Appointment of receiver for management of movable or
immovable property of defendant/debtor;
 5. Any other mode as may be prescribed by the central
government.

Apart from above modes Recovery Officer may also, direct any
person who is liable to pay any amount to defendant/borrower,
deduct from such amount the recovery amount, and transfer to
the credit of Recovery Officer the amount so deducted. However,
Recovery Officer will not deduct any such amount which is
exempt from attachment under Code of Civil Procedure, 1908.

Interlocutory application (I.A)

An interlocutory application is an application that is moved in the main

petition. it is usually filed when you ask for some urgent relief or to bring
certain new facts to the knowledge of the court

“Interlocutory application” means an application to the Court in any suit,

appeal, or proceeding already instituted in such Court, other than a
proceeding for execution of a decree or order. The orders which are
passed in those applications are called interlocutory orders.

‘interlocutory’ as order other than a final decision. Once an auction has

been commenced all subsequent applications are referred to as
interlocutory applications.

The provision dealing with the incidental proceedings is contained under

part III Of the code of civil procedure. But such applications are moved
under various provisions of the Code of civil procedure, 1908 which
include applications for appointment of Commissioner, Temporary
Injunctions, Receivers, payment into court, security for cause, etc.

Sec 141 of CPC provides, that the procedure provided in the Code of
Civil Procedure, in regard to the suit shall be followed, as far as it can be
made applicable, in all proceedings in any court of civil jurisdiction,
therefore the procedure with regard to such applications is the same as
 that of the original suit, in matters like a recording of evidence,
examining witnesses, etc.

Interlocutory orders

Interlocutory orders are passed by the courts to prevent irreparable

harm from occurring to a person or property during the pendency of a
lawsuit or proceeding.

Rules 6 to 10 of Order 39 mention certain interlocutory orders, which

include the court’s power to order the interim sale of movable property,
and to order the detention, preservation, or inspection of any property
which is the subject matter of such a suit. Similarly, when the land in the
suit is liable to Government revenue or is tenure liable to the sale and
the party in possession neglects to pay the revenue or rent, the court
may order any other party to the suit in case of sale of the land to be put
in immediate possession of the property.

In the course of the trial, a trial Judge may pass a number of orders
whereby some of the various steps to be taken by the parties in the
prosecution of the suit may be of a routine nature while other orders
may cause some inconvenience to one party or the other, e.g., an order
refusing an adjournment, an order refusing to summon an additional
witness or documents, an order refusing to condone the delay in filing
documents, after the first date of hearing order of costs to one of the
parties for its default or an order exercising discretion in respect of a
procedural matter against one party or the other.

“Such orders are purely interlocutory and cannot constitute judgments

because it will always be open to the aggrieved party to make a
grievance of the order passed against the party concerned in the appeal
against the final judgment passed by the Trial Judge.”

What is the difference between interim order and interlocutory

order?

While an interlocutory injunction is normally enforceable until the

determination of the action, an interim injunction is generally granted for
a short, specific period of time, and the plaintiff needs to return to court
at the end of the period to ask for the continuance of the injunction. ..
Court orders are a declaration made by a judge, commanding
something to be done, or prohibiting the certain activity. Interlocutory
applications can seek a wide range of orders, such as:

 urgent assistance from the court; or

 orders about the procedure or timetable of the court proceedings,
including orders about obtaining or disclosing evidence.
What is an interlocutory hearing?

An interlocutory hearing is held if a party does not consent to the orders

sought by an interlocutory application. The hearing allows for both sides
to present their arguments so that the judge can make a decision.

Types of Interlocutory Applications

There is a wide variety of types of interlocutory applications. Common

types include:

Injunctive Relief

Orders that stop the other party from doing something, like
terminating a contract or completing a sale purchase. They
are usually urgent, requiring the orders by a certain
deadline.

Particulars

Orders to compel a party to provide particulars (details) that the other

party has requested, seeking clarification of information in legal
documents, including a statement of claim or defense.

Discovery

Orders to compel a party to provide certain documents sought by the

other party through the discovery process. Therefore, an interlocutory
application seeks orders that the documents should be discovered.

Subpoenas

Subpoenas are orders to determine whether a party can ask a third

party to provide certain documents. As above, the other party may
object to documents sought by the other party because they are not
relevant to the proceedings.

Interrogatories

Orders to compel the other party to answer certain questions are

required to determine a position on a matter in dispute. The questions
must be necessary to help provide a fair trial.

Medical Examination
Orders that one party submit to a medical examination. For example,
this may be sought where the other party has concerns about the
medical condition of that party and how it may impact the matters in
dispute.

Interlocutory applications, and hearings, are an important part of court

proceedings. Above all, they allow the parties to correct any unjust
behavior by the other party and keep the proceedings in line with the
court’s timetable. They can add significant time and expense to a court
proceeding.

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