The Debt Recovery Tribunal (DRT) is a quasi-judicial body established under the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993. It aims to expedite the recovery of loans by banks and financial institutions from their customers, providing an efficient alternative to the lengthy civil court process. Orders issued by the DRT can be appealed at the Debts Recovery Appellate Tribunal (DRAT).
The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions. The main difference between them is that anyone who is dissatisfied with the DRT’s decisions can appeal them to the Debt Recovery Appellate Tribunal (DRAT) in India
Overview of Debt Recovery Tribunal
History and Objective
- Establishment: DRTs were formed under the RDDBFI Act in 1993 to streamline the process of recovering debts owed to banks and financial institutions, thus avoiding the prolonged litigation often associated with civil courts.
- Primary Objective: The main goal of the DRT is to facilitate the recovery of borrowed money from defaulting debtors, particularly focusing on non-performing assets (NPAs) as categorized by banks according to the Reserve Bank of India (RBI) guidelines.
Powers
- The DRT has the powers of a District Court regarding claims related to debt recovery.
- Recovery Officers within the tribunal are responsible for executing recovery orders issued by the Presiding Officers.
- The DRT is mandated to follow a legal procedure emphasizing the quick and effective disposal of cases.
Composition
- The DRT is composed of:
- Presiding Officers: Appointed by the Government of India.
- Recovery Officers: Assist in executing the recovery orders.
Application
- Jurisdiction: The DRT operates across India, including Jammu & Kashmir, following the abrogation of Article 370.
- Monetary Threshold: The DRT’s jurisdiction extends to cases involving debt amounts exceeding ₹20,00,000.
- The Act is applicable even if the preliminary application for debt recovery is filed solely by banks and financial institutions.
Locations
- There are 39 Debt Recovery Tribunals set up across India.
- Debts Recovery Appellate Tribunals are located in five major cities:
- Mumbai
- Delhi
- Kolkata
- Allahabad
- Chennai
Challenges
- One of the significant challenges facing the DRTs is understaffing, with many positions remaining unfilled, which can hinder the tribunal’s efficiency and effectiveness.