DRT Patna: Comprehensive Guide for Bihar Advocates Club Members

Welcome to the Bihar Advocates Club! In this post, we delve into the Debt Recovery Tribunal (DRT) in Patna, covering its functions, jurisdiction, the types of cases it handles, and the procedures involved. This guide aims to provide all the essential information you need to navigate the DRT effectively.

What is DRT Patna?

The Debt Recovery Tribunal (DRT) in Patna is a specialized judicial body established to expedite the recovery of debts due to banks and financial institutions. It operates under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) and the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The primary objective of DRT Patna is to ensure quick resolution of disputes concerning the recovery of loans and advances.

Jurisdiction and Functions of DRT Patna

1. Jurisdiction: DRT Patna has jurisdiction over cases involving:

Recovery of debts exceeding ₹10 lakh due to banks and financial institutions.
Matters related to the enforcement of security interests under the SARFAESI Act.
Appeals against the orders of Recovery Officers.

2. Functions:

Adjudication: Hearing and deciding applications from banks and financial institutions for recovery of debts.
Execution of Orders: Issuing recovery certificates and ensuring the execution of its orders through Recovery Officers.
Appeals: Hearing appeals against actions taken by banks and financial institutions under the SARFAESI Act.

Types of Cases Handled by DRT Patna

Debt Recovery: Cases filed by banks and financial institutions to recover loans and advances from defaulting borrowers.
SARFAESI Applications: Matters involving the enforcement of security interests, such as the sale of mortgaged properties.
Interim Relief: Applications for temporary relief measures to prevent the alienation of secured assets.
Compensation Claims: Claims for compensation from borrowers for damages caused by unlawful actions of banks under the SARFAESI Act.

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Procedure for Filing a Case in DRT Patna

1. Filing an Application:

The creditor (bank/financial institution) must file an Original Application (OA) with DRT Patna, providing all necessary documents and evidence.
The application must include a detailed account of the debt, the security interest, and the relief sought.

2. Preliminary Scrutiny:

DRT conducts a preliminary scrutiny to ensure that the application is complete and within its jurisdiction.
If accepted, the tribunal issues notices to the respondents (borrowers/guarantors).

3. Hearing and Evidence:

Both parties present their case, including arguments, documentary evidence, and witness testimonies.
The tribunal may also appoint a commissioner for the examination of witnesses and evidence collection.

4. Order and Recovery Certificate:

After considering the evidence and arguments, DRT Patna issues its order.
If the order favors the creditor, a recovery certificate is issued, directing the Recovery Officer to execute the order.

5. Execution of Orders:

The Recovery Officer is responsible for executing the recovery certificate, which may involve attaching and selling the debtor’s assets.

Important Aspects to Know

Legal Representation: Parties can be represented by advocates. Engaging an experienced advocate can significantly influence the outcome of the case.
Documentation: Ensure all relevant documents, such as loan agreements, mortgage deeds, and account statements, are submitted with the application.
Timeframe: The DRT aims for speedy resolution, but the duration may vary depending on the complexity of the case.
Appeals: Orders of DRT Patna can be appealed to the Debt Recovery Appellate Tribunal (DRAT) within 30 days.

Why Choose Bihar Advocates Club?

Expertise in Debt Recovery: Our advocates specialize in debt recovery laws and have a proven track record of successfully handling DRT cases.
Comprehensive Legal Support: We offer end-to-end legal services, from filing applications to executing recovery certificates.
Client-Centric Approach: We prioritize our clients’ interests, providing personalized legal strategies and continuous support.
Reputation and Trust: Bihar Advocates Club is renowned for its integrity, professionalism, and commitment to achieving favorable outcomes for our clients.

Contact Us

For expert legal assistance with DRT Patna cases, reach out to us at Bihar Advocates Club. Our experienced advocates are here to guide you through every step of the process.