Debts Recovery Appellate Tribunal

[align=justify][font=Verdana][color=black]What is the time limit for filing an appeal before DRAT as against an order passed in DRT?[/color][/font][/align]
[align=justify][color=black][font=Verdana]Under sub-section (3) of section 20, of the [url=]The Recovery of Debts Due to Banks and Financial Institutions Act, 1993[/url], an Appeal has to be filed within 45 days from the date on which a copy of the order aggrieved has been passed  or deemed to have been passed by the Tribunal is received. [/font][/align][/color]
[align=justify][font=Verdana][color=black]Is it possible to prefer an appeal after the period of limitation prescribed in the Act?[/color][/font][/align]
[align=justify][color=black][font=Verdana]Yes. Appeals filed after the expiry of the limitation  period as contained under Sub section (3) of section 20 of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, should be accompanied  by a petition to condone the delay with requisite fee, which  will be considered  first  by the Tribunal  before the main appeal is taken up.[/font][/align][/color]
[align=justify][font=Verdana][color=black]Is it possible to file an appeal in DRAT against an interim order passed in a Main Application (OA) pending before DRT?[/color][/font][/align]
[align=justify][color=black][font=Verdana]Yes. Section 20 of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, provides for the same.[/font][/align][/color]
[align=justify][font=Verdana][color=black]Can an application for transferring a case from one DRT to another be filed in DRAT?[/color][/font][/align]
[align=justify][color=black][font=Verdana]Yes. Under Section 17-A of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Chairperson of Appellate Tribunal may transfer any case from one tribunal to another depending on the merits  of the case within jurisdiction of Appellate Tribunal, if an application  seeking  transfer is filed.[/font][/color][/align]
[align=justify][font=Verdana][color=black]Is it possible to file an appeal in DRAT without payment of court fee?[/color][/font][/align]
[align=justify][color=black][font=Verdana]No. There is no provision to dispense with payment of court fee for any appeal filed under The Recovery of Debts Due to banks and Financial Institutions Act, 1993.  Court fee is payable as per Rule (8) of the DRAT (Procedure) Rules.[/font][/align][/color]
[align=justify][font=Verdana][color=black]What  is the value of the Appeal for the purposes of payment of Court fee or pre- deposit under S-21 of the Act?[/color][/font][/align]
[align=justify][font=Verdana][color=black]The value of the appeal as per [/color][url=][color=black]R[/color][/url][url=][color=black]ule 8(2) & 9 of DRAT (Procedure) Rules[/color][/url][color=black] there in,  is the suit claim allowed + interest payable on the suit claim as determined by DRT under S-19 of  The Recovery of Debts Due to Banks and Financial Institutions Act, 1993.[/color][/font][/align]
[align=justify][font=Verdana][color=black]Is there any provision to file a caveat application in DRAT, Chennai?[/color][/font][/align]
[align=justify][color=black][font=Verdana]There is no provision.[/font][/align][/color]
[align=justify][font=Verdana][color=black]What is the format for filing appeal in DRAT?[/color][/font][/align]
[align=justify][font=Verdana][color=black]Format is annexed to [/color][url=][color=black]Rule 5 of DRAT (Procedure) Rules[/color][/url][/font][/align]
[align=justify][font=Verdana][color=black]What is the procedure for obtaining a Certified copy of the order passed in DRAT?[/color][/font][/align]
[align=justify][font=Verdana][color=black]Counsels for the appellants & respondents in an appeal can apply in the [/color][url=][color=black]prescribed form[/color][/url][color=black] for a certified copy of an order passed by DRAT along with a fee of Rs. 5/- per page.[/color][/font][/align]
[align=justify][font=Verdana][color=black]Can an application be filed for restoring an appeal dismissed for default by the Chairperson, DRAT?[/color][/font][/align]
[align=justify][color=black][font=Verdana]Yes. Under Section 22(2) of the RDDBFI Act, DRAT has the same power as that of civil courts in respect of the matters mentioned therein.[/font][/align][/color]
[align=justify][font=Verdana][color=black]What is the fee payable for filing an IA in an appeal  in DRAT-Chennai?[/color][/font][/align]
[align=justify][font=Verdana][color=black]Fee payable for filing an IA before DRAT-Chennai is same as that of fee payable for IA before DRT under [/color][url=][color=black]Rule 7 of DRT (Procedure) Rules.[/color][/url][/font][/align]
[align=justify][font=Verdana][color=black]Whether any appeal would come before DRAT against the order passed by Recovery officer?[/color][/font][/align]
[align=justify][font=Verdana][color=black]No. As per Section-20 of the RDDBFI Act an appeal will lie only against the order passed by P.O of the Tribunal. An appeal against the order of Recovery officer lies before P.O concerned according to Sec. 30. [/color][/font]


      I have a very strange case. My Father had taken a loan from a co-operative bank around 20 years ago. It was a business loan (CC & BD) and the loan were in my mothers name. As the business collapsed and didnt do well, my father left us and has never returned back. Now the bank loans were due and as the loans were in my mothers name the bank started approaching her for repayments. As there was no source of income she joined as a teacher in on school. The bank immediately attached her salary and started deductions of Rs. 700/- every month. Her income was Rs. 1600/-, two childrens to be educated and to be brought up but still the court gave judgement in favour of bank and initiated the deductions for 17 years. Last year my mother was detected for stomach cancer and she expired. But the above case is still not solved. As we were about to receive some dues from my mothers service of 17 years like PF, gratuity etc I had some cash in hand.

The Total amount after interest came to Rs. 15 lacs with interest for 19 years. The bank had approached us 3 years ago with one One time settlement scheme and had asked to pay some nominal amount. The amount finalised by bank under OTS was Rs. 2.89 lacs. We paid Rs. 30k at that moment and agreed to pay the remaining in some time but couldnt make it. Now my mother expired and I contacted the bank with the news. I was told to pay 4.5 lacs because the OTS does not hold true and has already lapsed. Then I contacted few people regarding the case, few said I am not liable and should forget it, others said I being the legal heir has to pay the dues. Thru one contact reached RBI but no response from them. The RBI team had contacted the bank and asked for explaination. The bank recovery head now says to pay only the OTS amount decided 3 years back and get clear dues cerfitcate immediately.

My only query is, Am I liable to the above said loan. If yes I will willingly pay it and get rid of it.

Please advice. Your help can give me a lot of peace for me and for my mother who struggled her entire life to repay this loan.

Thanks & Regards,

Durgesh Singh


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