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Limitation Periods for DRT and SARFAESI Actions
The DRT limitation period can decide a debt recovery dispute before the merits of the claim are even examined. A claim may fail if it is filed after the applicable limitation perio
Pre-Deposit for a DRAT Appeal Explained
For a borrower who has lost before the Debts Recovery Tribunal (DRT), filing an appeal is not just about preparing grounds and meeting the limitation period. A DRT appeal requires
DRT Original Application (OA): Meaning, Process and How to Defend It
When a bank seeks to recover a debt, it does not file a plaint before the ordinary civil court. Instead, it files an Original Application (OA) before the Debts Recovery Tribunal (D
DRT vs civil court for debt recovery: which forum applies
Not every unpaid debt is filed in the same forum. Understanding DRT vs Civil Court is essential when deciding where to initiate debt recovery proceedings in India. The Debts Recove
How to File a Section 17 Application Under the SARFAESI Act Before the DRT
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) changes the traditional approach to debt recovery. A secured
Interest Claims and Operational Debt under the IBC – Analyzing the NCLT’s Stand
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC Introduction: NCLT Ruling on Interest Claims and Operational Debt In a la
Debt Recovery Tribunal India: DRT, DRAT, RDDBFI Act 1993 Guide
Introduction The Indian banking sector has long grappled with the challenge of mounting non-performing assets (NPAs), which pose a significant threat to banks’ financi
NPA and SARFAESI Act 2002: Bank NPA Resolution Framework
Introduction The Indian banking sector, once hailed as a pillar of the country’s economic growth, is currently grappling with a severe crisis. The surge in non-performing ass
Limited Scope of DRT Review in SARFAESI Proceedings: Analysis of DRAT Chennai Ruling
In a significant judgment that clarifies the scope of DRT review in SARFAESI Proceedings, the Debt Recovery Appellate Tribunal (DRAT) in Chennai has outlined the constraints within
Tax Challenges in IBC: Strategies for Overcoming Hurdles
Introduction The Insolvency and Bankruptcy Code (IBC) was enacted in 2016 with the aim of revolutionizing India’s corporate landscape by expediting debt recovery, facilitatin
