DRT Chandigarh Procedure

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Last Updated on July 8, 2024 by Satish Mishra

Post covers DRT Chandigarh Procedure where banking lawyers elaborate how to file OA/SA petition before DRT 1, DRT 2, DRT 3 Chandigarh.

Debt Recovery Tribunal Chandigarh was made with the purpose of recovering debt from NPA’s declared under RBI Guidelines.

As per obligation dated 06.09.2018, the recurring jurisdiction of DRTs has been increased from Rs. 10 lakhs to Rs. 20 Lakhs under the Recovery of Debts due to Banks and Financial Institutions (RDDBFI) Act, 1993.

Also Read-  DRT AND TENANCY RIGHTS: WHERE THE DISPUTE LIES?

  1. Original Application can only be filed by banks and financial institutions.
  2. The maximum court fee here can be Rs. 1. 50 Lakhs.
  3. The tribunal adjudicates the dispute directing borrowers to pay the amount. In case he does not pay the amount then Recovery Certificate is issued against the borrower which Recovery Officer of the DRT executes.
  4. Here the respondents can also claim, counter claim or claim set off against the said amount.
  5. DRT Tribunals have the powers to issue interim order of injunction putting borrower to stop in alienating the property without the permission of the Tribunal.
  6. Appeal against the order of DRT has to DRAT where appellant first have to deposit 75% of lesser amount.
  7. The applicant has to file original application with the Debt Recovery Tribunal Chandigarh (Free Legal Advice)  for the Recovery of dues under RDDBFI Act, 1993
  8. The proceeding under the RDDBFI and SARFAESI Act, 2002 can be moved simultaneously  as there is no bar under it. Also Read- Best Top Expert DRT Chandigarh Lawyer Advocate
  9. The original application is filed along with application fee under sub-rule (2) in the prescribed format within the registrar under whose jurisdiction it falls.
  10. On submission and presentation of Original application, it is verified as per rules and procedure and original application no. is issued.
  11. Rendition of the accounts must be done by the banks before filing of the original application. Once the court adjudicates the dispute, penal interest is not compounded and the final order is passed.
  12. The Presiding Officer grants the Recovery Certificate to Recovery Officer and gives 15 days for payment of amount given in the recovery certificate. If the amount is not paid then, Recovery Officer can do the following-
  1. Attachment and sale of assets
  2. Arrest and detention of defaulter.
  3. Appointment of the receiver.
  4. Close application of dues are recovered.

Timeline – Legal Representation or Legal Notice.

  1. The appeal against Recovery Officer’s order has to be done within 30 days of the order.
  2. The DRT Tribunals have to settle the claim within 6 months.
  3. The appeal against the judgment of DRT has to be made to DRAT within 45 days but pre-deposit has to be made before the tribunal upto 75%.

Rest, you can always take assistance of Top/ Best DRT Chandigarh Lawyers in Punjab Haryana, Panchkula and Mohali for your case.

For more information, please dial 99888-17966

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