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Debt Recovery Tribunal (DRT) UPSC Notes: Features and Powers

Last Updated on Apr 03, 2024
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Debt Recovery Tribunals (DRT) provide quick and effective adjudication in the debt recovery of banks and other financial institutions. These are established under the provisions of the Recovery of Debt and Bankruptcy Act 1993. DRTs are quasi-judicial institutions. The appeals against orders of DRTs are heard by DRATs (Debt Recovery Appellate Tribunals). Currently, 39 DRTs and 5 DRATs are functioning in the country.

 Debt Recovery Tribunal DRT is essential to the UPSC IAS exam syllabus. This topic comes under the Economy part of the Mains General Studies Paper 3 syllabus and General Studies Paper -1 of the UPSC Prelims syllabus.

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What is Debt Recovery Tribunal DRT?

A Debt Recovery Tribunal DRT functions as a quasi-judicial statutory body established under the Recovery of Debt and Bankruptcy Act 1993. Its purpose is to adjudicate cases and facilitate the recovery of loans from banks and financial institutions. In 2020, the Indian Government raised the minimum limit for filing cases under DRTs to 20 lakh rupees. The Presiding Officer, appointed by the Central Government, heads the Debt Recovery Tribunal DRT. Appeals against DRT orders can be made to the Debt Recovery Appellate Tribunal (DRAT), which a Chairman heads. Financial institutions and banks file loan recovery applications with the DRT having jurisdiction over the debtor's residence or business location. During adjudication, the DRT possesses powers akin to a District Court. Additionally, the Debt Recovery Tribunal (DRT) has recovery officers responsible for executing the orders it issues.

Read about the National Company Law Tribunal from here!

Background of Debt Recovery Tribunal

Before the enactment of the Recovery of Debt and Bankruptcy Act-1993, debt-related cases were filed in the Civil Courts. These cases were decided according to the provisions of the CPC (Civil Procedure Code). These used to take several years to resolve the case. Moreover, there was a lot of pendency in the cases. It would lead to unnecessary delays in the recovery of debts by the Banks. 

Observing these issues in the system, in 1981, a committee headed by Mr. T. Tiwari was appointed. It was tasked with recommending reform measures in this system. The committee observed that the Courts were already burdened with regular cases. This leads to the treatment of loan recovery cases as other ordinary cases. Hence, the problems of pendency and delay are arising. Amond different recommendations of the committee, one was the establishment of tribunals (quasi-judicial bodies) that would only handle the recovery cases.

It took a decade to accept the recommendations and establish such a body. The Recovery of Debt and Bankruptcy Act-1993 was introduced to solve the issue of delay and pendency. The legislation was brought after the 1991 Economic liberalisation of the Economy. 

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Jurisdiction of Debt Recovery Tribunal DRT

Debt Recovery Tribunals (DRTs) have the authority to consider applications from banks and financial institutions seeking the recovery of owed debts. Banks can submit applications to the Tribunal within the geographical boundaries where the defendant resides or conducts business. The Act explicitly prohibits all other courts, except the Supreme Court and High Court, from adjudicating matters pertaining to debt recovery.

Read about the National Green Tribunal from here!

Features of DRT 
  • The Debt Recovery Tribunal (DRT) is established to settle cases to restore the unpaid amounts of the NPAs (Non Performing Assets). The Banks declare these as per RBI guidelines.
  • Under Section 4 of the Recovery of Debt and Bankruptcy Act-1993, the DRT shall have only one member (called Presiding Officer).
    • The notification of the Central Government shall appoint him.
    • The Presiding Officer of one Tribunal can also preside over other Tribunals if the Central Government authorizes it.
    • The Presiding Officer will have a term of 5 years or till the age of 65 years, whichever is earlier. He shall be eligible for reappointment.
    • He should be qualified enough to be the District Judge.
  • For cases of recovery of debt greater than 20 Lakh Rs, Banks, and Financial Institutions can approach the DRT.
    • For amounts lower than this, Banks and Financial Institutions approach the Civil Courts.
  • DRT and DRAT need to maintain the Principles of Natural Justice.
    • However, they can regulate their own procedures. For this, they are not bound by the CPC (Civil Procedure Code) provisions.
  • One does not need a degree in Law to argue cases before the DRT.
  • DRTs are mandated to resolve the cases within 6 months.
    • The appeals against the orders passed by DRT can be made before a DRAT within 45 days of such judgment. 
    • In the case of the SARFAESI Act, the time duration to dispose of the cases is 60 days to 4 months.
    • The appeals before the Appellate Tribunal (DRAT) shall be disposed of within 6 months from the receiving date.
  • Before approaching the DRAT against the order of DRT, the aggrieved party needs to deposit 75% of the amount fixed by the order.
  • The Centre can appoint one or more Recovery Officers as an employee of the Tribunal.
    • They will discharge their duties under the superintendence of the Presiding Officer of the DRT.

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Powers and Functions of DRT 
  • A Debt Recovery Tribunal DRT is empowered to enforce the provisions of the Recovery of Debt and Bankruptcy Act-1993 and the SARFAESI (Securitization and Reconstruction of Financial Assets and Enforcement Of Security Interests) Act 2002.
  • DRT gets the authority to entertain debt recovery-related applications from financial institutions and banks from section 17 of the Recovery of Debt and Bankruptcy Act-1993.
  • While deciding the cases, the Debt Recovery Tribunal (DRT) acts as a District Court. 
  • Section 18 of the Recovery of Debt and Bankruptcy Act-1993 imposes restrictions on all the Courts from adjudicating on debt recovery-related matters except the Supreme Court and High Courts.
    • It means that relief against the orders of DRAT can only be given by the Supreme Court and High Courts. 
  • Supreme Court, in its judgment, has specified that the DRT and the DRAT have jurisdiction strictly confined to those cases that are mentioned in Section 17 of the Recovery of Debt and Bankruptcy Act-1993.
    • Thus the Debt Recovery Tribunals (DRTs) cannot decide over the cases like property rights, succession issues, issuance of receipts, etc.
  • Section 17A was inserted in the act by an amendment in 2000. It specifies the powers of the Chairperson of the DRAT. Its general powers include.
    • Superintendence and control of Tribunals under his jurisdiction.
    • Reviewing the ACRs (Annual Confidential Reports) from various Presiding Officers.
    • Direct Tribunals to present the status of cases under both the RDB Act and the SARFAESI Act.
    • Review the performance of Presiding Officers.
    • Organise meetings with Presiding Officers.
    • Recommend disciplinary action against Presiding Officers to Centre through his report in case of misconduct or incapacity.

Read about the Insolvency and Bankruptcy Code from here!

Concerns Related to DRT 
  • One of the significant issues with the Debt Recovery Tribunal (DRT) is a large number of pendency and slow resolution of cases.
    • According to the World Bank report, it takes nearly 4.3 years in India to resolve insolvency-related cases under old laws.
    • More than 1.6 lakh cases were pending in various DRTs across India till February 2022.
  • Procedural Bottlenecks: the Supreme Court held that the jurisdiction of the DRTs is strictly limited to Section 17 of the Act. 
    • Thus, related matters like succession, KYC issues, issuance of receipts, etc., are taken up by Civil Courts. This leads to unnecessary delay. 
  • DRTs are overburdened by the ever-increasing cases. 
    • At the time of inception, it was conceptualized that at any point in time, the average number of cases handled by any DRT would be around 30. But in reality, in major cities, this number went to more than 4000 cases per DRT.
  • As per reports, the average loan recovery rate of the DRTs is just around 25%. 
  • At present, there are only 39 DRTs and 5 DRATs across India. These are insufficient in number to handle a large number of cases.

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Measures towards Correcting DRT

As corrective measures related to the issues faced by the Debt Recovery Tribunals (DRTs), the Government amended the Recovery of Debt and Bankruptcy Act-1993 in 2016. Following are the significant changes brought in the act:

  • The retirement age of the Presiding Officers has been increased from 62 to 65 years. And that of the Chairpersons of DRATs is increased from 65 to 67 years.
  • The amended act empowers the Central Government to establish a uniform procedure for all the DRTs and DRATs across India.
  • Banks are authorized to file cases in Tribunals having jurisdiction over the area of the Bank’s branch where the debt is pending.

Read about Non-Banking Financial Institutions from here!

Conclusion 

The Debt Recovery Tribunals (DRTs) have helped Banks and other Financial Institutions somewhat to solve the problem of NPAs (Non-Performing Assets). But these Tribunals are also facing the same problems earlier faced by regular Courts. These include pendency of cases, low recovery, delay in resolution, etc. There need to be more DRTs and DRATs established in the country. The Recovery Officials and other staff need to be well-trained and equipped for better execution. 

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Debt Recovery Tribunals (DRT) UPSC FAQs

The Debt and Bankruptcy Act-1993 is applicable to cases where the due amount to any bank or Financial Institution is greater than or equal to Rs 20 lakh.

As per Rule 18 of the Debt Recovery Tribunal (Procedure) Rules, 1993, The Tribunal may make such orders and decisions, that are necessary to give effect to its orders. Such orders are also given to prevent abuse of its process and to secure the ends of justice.

As per the Gazette notification of 31st January 2023, it is mandatory to file the cases in the DRT in online modes only.

As per the Bombay High Court judgment, the borrower can file a counterclaim to the application initially filed by the Banks and Financial Institutions. But he is not permitted to file any civil suit to raise an independent claim against the Bank or Financial Institution.

The Debt Recovery Tribunals (DRTs) are vested with inherent powers to recall any of their orders if sufficient reason exists for that.

The Debt Recovery Tribunal (DRT) is a specialized quasi-judicial body in India that adjudicates and resolves disputes related to debt recovery and the enforcement of security interests.

The primary purpose of the Debt Recovery Tribunal (DRT) is to facilitate the expeditious recovery of outstanding debts by providing a legal forum for creditors to recover their dues from defaulting borrowers.

Creditors, such as banks, financial institutions, and individuals, who have outstanding debts or claims against defaulting borrowers, are eligible to approach the Debt Recovery Tribunal (DRT) for seeking recovery.

The Debt Recovery Tribunal (DRT) has jurisdiction over cases involving outstanding debts or claims of 20 lakhs Indian Rupees or more, as specified under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The fee for filing a case or application with the Debt Recovery Tribunal (DRT) can vary and is subject to the specific rules and regulations of the DRT. The minimum fee can depend on factors such as the nature of the case and the relief sought.

The time limit for resolution of cases in the Debt Recovery Tribunal (DRT) can vary depending on the complexity of the case and various other factors. It is advisable to consult the specific rules and procedures of the DRT for more accurate time limits.

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