DEBT RECOVERY TRIBUNAL (DRT)
About Practice
Bhatt & Joshi Associates have the finest and most experienced Debt Recovery Tribunal(DRT) Lawyers in Ahmedabad for all concerns relating to DRT cases.
Bhatt & Joshi Associates, Ahmedabad, Gujarat offers the most experienced and professional DRT Lawyers with detailed knowledge and understanding of SARFAESI – The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and RDDBFI – The Recovery of Debts Due to Banks and Financial Institutions. Our qualified DRT Lawyers also provide services at Appellate Tribunal and at Gujarat High Court and Supreme Court of India. We offer varied services and provide support through advisory also. Our capable and trained legal team of DRT Lawyers assists lenders / financial institutions to enforce their rights while recovering their money from opposition parties. We accomplish this by filing appropriate recovery suits at the respective Debt Recovery Tribunal Court and also defending the borrowers’ rights against unlawful actions by the Banks and Financial Institute. Our attempts and efforts are to retrieve the money as early for our client as possible. Our competent DRT lawyers are always prepared to represent the case before DRAT or at court if required.
About Our Work
Debt Recovery Tribunal Deals with two integral laws-
SARFAESI, 2002 – The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 is an Indian law. Under this, banks and other financial institutions can auction the Security Interest created in residential/commercial properties (of Defaulter) to recover loans. It does not apply to unsecured loans, loans below ₹100,000, or the remaining debt below 20% of the original principal. Allows creation of asset reconstruction companies (ARC). Also, allowed banks to sell their non-performing assets to ARC’s. Banks are allowed to take possession of collateral property and sell it without court permission. In Mardia Chemicals Ltd. v. ICICI Bank, on 8 April 2004, the Supreme Court declared SARFAESI Act to be constitutionally valid.
RDDBFI– The Recovery Of Debts Due To Banks And Financial Institution Act, 1993. It applies to the whole of India except J&K. It applies where the amount of debt due is not less than Rs. 10,00,000/-. Original Application for recovery of Debts can be filed only by Banks and Financial Institutions.
The DRT has many powers vested with them such as summoning and enforcing the attendance of any person and examining them on oath, requiring the discovery and production of documents, receiving evidence on affidavits, issuing commissions for the examination of witnesses or documents, reviewing its decisions, dismissing an application for default or deciding it ex-parte, direct the defendants to provide security sufficient to satisfy the debt, and many others.
We tackle all DRT cases at our firm by our finest team of DRT Lawyers in a structured and cohesive way with an intricate understanding of each case. We have an in-house team of expert DRT lawyers for handling all such matters with excellent results. Our DRT lawyers present simple, and practical solutions catering to respective needs: Recovery of bank loans Filing and defending OAs at Debt Recovery Tribunal (DRT) Legal advice related to DRT and SARFAESI matters Services for DRT matters by expert Indian Banking Lawyer Defending and filing of appeals against the orders of DRT at DRAT Taking up matters of SARFAESI Act Bank loan restructuring advice
Why Us?
The firm must have a juxtaposition of enthusiastic, new minds with experienced and analytically versed DRT Lawyers. A well-trained DRT Lawyer will be able to possess skills of thorough research and exhibit all facts and data cohesively. Each and every reference, pointer, or evidence is highly valuable and they should acknowledge it, comparing all potential outcomes before coming to a conclusion. There is a possibility that the DRT order may have to be challenged by your DRT Lawyer before DRAT/High Court. At all stages of appeal, appropriate law points as raised in the original proceedings are required. Representation is another important aspect. It dictates how the appeal might undergo especially in front of the presiding officer. Each evidence is integral as it might affect the case in numerous ways. The DRT Lawyer must have a strong grip over diverse areas of Law. Many times DRT matters not only involve the questions of law under SARFAESI and RDDBFI Act, but also detailed aspects of Transfer of Property, Act; Contract Act, and others.
“A modern economy is marked by the feasibility of endogenous change: Modernization brings myriad arrangements from expanded property rights to company law and financial institutions.”
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