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BankDRT:: Debts Recovery Tribunal ( DRT, DRT Auctions, DRT Act, DRT Rules) SRFAESI Act

The country's foreign exchange reserves touches $ 635.36 billion for the period April-September 2021.



Media abuzz about Government likely to take final call on cryptocurrency; SEBI, RBI likely to regulate it.



Non registration of bore wells by 31st March 2022 to attract hefty costs and penalties. MSME units should be cautious.



Mortarium on coercive actions under SARFAESI Act becomes ineffective. SCI refuses to take cognizance of actions by Banks and FIs.



Prosecutions before PMLA Courts has started moving hand in hand with proceedings before DRT and NCLT.



Morbi Ceramic units face heat from Gujrat High Court. MSME units must factor environmental issues in their functioning.





Settlement between Creditor & Debtor cannot be disputed.

Courts object to a settlement arrived at between the borrower and the Creditors ? Though the subject matter has been settled many times, in many forums and on many subject, but it keeps cropping up again and again putting the parties to protracted litigation.

 

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What should lthe limitation be for filing recovery claims?
Should limitation for DRT suits be reduced ?

Law provides filing of debt recovery suits upto 3 years of signing an AOD and upto 12 years in case of mortgages. Another law enjoins Banks to declare an account as NPA within 90 days of its default and start imposing penal levies. Is it time to harmonize these two laws and save the borrower the burden of paying usurious levies? Time to discuss!

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A compromise deed should be a proper document

A document to be called as deed of compromise must bear signatures of both the parties. A one sided exchange of letters cannot be called as compromise settlement. Most borrowers, and some times even bankers take mere exchange of letters as a document and base their claims on them which has no legal status.

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Metro Exporters P. Ltd. & Another v. State Bank of India & Others

Decision by Supreme Court of India

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Ram Kishun & Ors. vs. State of U.P. & Ors.

Only so much of asset should sold as is necessary to repay the debt.  Sale of excess assets is fatal to the auction.

Long possession should not be disturbed as the auction purchaser could have made substantial investments on the land and constructed buildings etc.

While challenging a auction sale, it is necessary that all persons who were party to the proceedings, at any stage should,  should be made party to the case. Leaving out parties would be fatal to the case and the Court cannot proceed to hear  the case.

 

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Bharat International & Anr Vs. State Bank of Travancore & Anr.

Consumer Disputes Redressal Forum can hear a complaint of a person, against whom the DRT has passed an order of Recovery

The issue before the National Consumer Disputes Redressal Commission is different from the one before the Debt Recovery Tribunal

The Consumer Dispute Redressal Forums cannot hear complaints on the amounts decreed by the Debt Recovery Tribunals.

Read Full Judgment...




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Don’t litigate as a reflex action. Plan it properly

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More Articles from our Archive

DRT cannot ask the lessee to pay more than the indenture amount.

Tenants cannot be evicted from a property under the SRFAESI Act

The DRTs cannot enlarge the demand from what was sought in the S. 13(2) Notice

Took a loan? Repay it first. Rest await civil courts Orders.

Borrowers free to pursue against the Lenders: SC
FAQ on DISCOVERY

1. What is discovery & production of documents before Debts Recovery Tribunal?
2. How is discovery sought before the Debts Recovery Tribunal?
3. What are the provisions in the DRT Act for discovery process before the Debts Recovery Tribunal?
4. When or at what stage can discovery be resorted to before the Debts Recovery Tribunal?
5. How much time is available for filing an reply in the Debts Recovery Tribunal to the discovery process?

Read Full FAQ...


FAQ on COUNTER CLAIMS

1. What are Counter claims before the Debts Recovery Tribunal?
2. Do I have to pay a fee for filing my counter claim application before the Debts Recovery Tribunal?
3. I expect the Bank to file an application against me in the Debts Recovery Tribunal. Can I file my counter claim in the Debts Recovery Tribunal in anticipation of the bank filing an claim against me in the DRT?
4. I want to file an application against the Bank in the Debts Recovery Tribunal under Section. 17(1) of the SRFAESI Act. Can I include counter claim against the Bank in this application?
5. What should the counter claim before the Debts Recovery Tribunal be based upon?

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FAQ on BANKERS BOOK OF EVIDENCE ACT

1. Is the Banker’s Book of Evidence Act applicable through out the country?
2. Is the Banker’s Book of Evidence Act applicable to proceedings before the DRTs?
3. Are all Banks covered under the Banker’s Book of Evidence Act?
4. To what kind of proceedings is the Banker’s Book of Evidence Act applicable?
5. What is a Certified copy of Banker’s Book?

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