Transfer of Pending Cases as per Debts Recovery Tribunals

The Debts Recovery Tribunals (DRTs) have the power to transfer pending cases to other DRTs. This power can be exercised by the DRT suo motu or on the application of a party to the case.

The DRT can transfer a pending case to another DRT in the following cases:

  • If the case is pending in a DRT that has no jurisdiction over the matter.
  • If the case is pending in a DRT that is not competent to hear the matter.
  • If the case is pending in a DRT that is unable to proceed with the hearing of the matter due to some reason.
  • If the parties to the case agree to the transfer of the case.

The DRT that is considering the transfer of a pending case will take into account the following factors:

  • The convenience of the parties to the case.
  • The interest of justice.
  • The need to avoid delay in the disposal of the case.

The decision of the DRT to transfer a pending case is final and cannot be challenged in any court.

Here are some MCQs on the transfer of pending cases as per Debts Recovery Tribunals (DRTs) under the Recovery of Debts and Bankruptcy Act, 1993:

  1. Can a Debts Recovery Tribunal (DRT) transfer a pending case to another DRT?
    • Yes
    • No
    • Only if the parties to the case agree to it.
    • Only if the DRT is unable to proceed with the hearing of the matter.
    • The answer is Yes. A Debts Recovery Tribunal (DRT) can transfer a pending case to another DRT in the cases mentioned above.
  2. What are the factors that the DRT will take into account while considering the transfer of a pending case?
    • The convenience of the parties to the case.
    • The interest of justice.
    • The need to avoid delay in the disposal of the case.
    • All of the above
    • The answer is All of the above. The DRT will take into account all of the factors mentioned above while considering the transfer of a pending case.
  3. Can the decision of the DRT to transfer a pending case be challenged in any court?
    • Yes
    • No
    • Only if the parties to the case agree to it.
    • Only if the DRT is unable to proceed with the hearing of the matter.
    • The answer is No. The decision of the DRT to transfer a pending case is final and cannot be challenged in any court.