Vijay (Management Consultant) 01 April 2018

Drt? or district court?

Hi Experts,

I have obtained a Loan against Property from ICICI Home Finance Company (NBFC). The Loan amount is more than 1 crore. Due to many issues, the loan has been classified as NPA. I have requested the bank to initiate Sale proceedings. I was expecting that a case will be filed in Debt Recovery Tribunal (DRT). But, the NBFC had filed a Civil Suit in District Court U/s 26(1) Order XXXIV Rule 1 to 5 of CPC. The proceedings are extremely slow and interest costs are mounting. Please advise if there is a way that I can push for speedy processing of the case. Importantly, what is the role of DRT as such? Why did the NBFC chose District court over DRT? Are there any provisions for me to object the proceedings in District court and request for transfer / contest the proceedings through DRT?

Thanks for your advise.

Reply Follow

1 Replies

Siddharth Srivastava (Advocate) 01 April 2018

Though NDFC has the poer to file case in DRT under SARFAESI Act but it does not restrictr the right of NBFC to approach district court. In civil court there is a prescribed procedure so court will go with prescribed procedure. You cannot dictate NBFC to choose forum of your choice. You have no right to raise objection in this regard.