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Alok K. Verma (Lawyer)     23 July 2012

Could drt pass a preliminary decree under drt act

Could D.R.T. (Debts Recovery Tribunal) pass Preliminary Decree. If yes then under what provisions of the DRT act. Has this ever been adjudicated by High Court / Sepreme Court?



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 5 Replies

R.K Nanda (Advocate)     23 July 2012

State full facts of ur case to give proper answer.

c.p.s. ramachary (1500)     23 July 2012

There is no provision in RDDB & FI Act 1993 for passing preliminary decree or final decree as CPC has no application to the proceedings u/s 19 of the Act. Only applications are filed u/s 19 of the Act praying for issuing recovery certificates and not for preliminary decree or for final decree like in civil court 

c.p.s. ramachary (1500)     23 July 2012

No such provision of law in RDDB & FI Act 1993 nor any such decion of any High Court or Supreme Court

c.p.s. ramachary (1500)     23 July 2012

No such provision of law in RDDB & FI Act 1993 nor there is any judicial precedent from any High Court or Supreme Court.

SACHIN AGARWAL (ADVOCATE)     13 August 2012

DRT cannot pass the preliminaty decree as CPC is not applicable.


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