Bar Council of Tamil Nadu and Pondicherry

DRT Law Service — Debt Recovery Tribunal Matters

The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act) routes specified financial claims to Debt Recovery Tribunals (DRTs) with expedited procedures compared with ordinary civil courts. Banks and NBFCs file Original Applications for loan recovery; borrowers and guarantors defend on limitation, security valuation, interest methodology, and procedural compliance. Chennai clients may appear before Chennai DRT or other Tamil Nadu benches depending on territorial jurisdiction and pecuniary limits. Yuvaraj assists with OA drafting, written statements, counter-claims where facts support them, evidence affidavits, and appeals to DRAT within strict limitation windows. Where SARFAESI enforcement runs parallel to DRT, strategy must stay consistent across fora.

At a glance

  • Original Applications (OA) for financial institutions and corporate borrowers’ defences
  • Written statements attacking debt figures, penal interest, and loan documentation gaps
  • Issues: secured asset valuation, reserve price objections, symbolic possession timelines
  • DRAT appeals and cross-appeals — limitation diaries and paper book compliance
  • Coordination with insolvency (IBC) timelines where corporate borrowers face CIRP

Why DRT is not “just another civil suit”

DRTs follow the Debts Recovery Tribunal Procedure Rules, 1993 with specific formats for affidavits, prescribed court fees categories, and stricter limitation treatment. Mis-pleading jurisdiction or mis-valuing claim amounts leads to return or dismissal at admission.

Borrower defences that sometimes succeed

Defences include absence of debt acknowledgment within limitation, improper classification of loan account, unauthorised compound interest clauses, and failure to comply with RBI fair practices circulars where legally permissible to argue.

Each defence needs documentary exhibits — not bare denials in affidavits.

After DRT decree — execution

Recovery certificates and execution follow DRT-specific procedure. Yuvaraj explains how attachment differs from district civil court execution and what timelines banks realistically face.

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