DRT-Procedure

DRT PROCEDURE

PROCEDURE FOR FILING OF ORIGINAL APPLICATION, SECURITISATION APPLICATION, APPEAL AND ITS CONNECTED DOCUMENTS I.E. INTERLOCUTORY APPLICATIONS, REVIEW APPLICATION AND VAKALATH ETC. IN THE DEBTS RECOVERY TRIBUNAL, HYD OR ANY OTHER COURT.

(A) How can file an Original Application in the DRTCOURTS , under RDDBFI Act-1993 ?

1) ORIGINAL APPLICATION (O.A.)

(1) Original Application should be filed as per the directions given in Rule-3 & 4 of the Debts Recovery Tribunal (Procedure) Rule, 1993 and under Section 19(1) or Section 31(A) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act-1993). The Claim amount should be Rs.10 lakhs or above.

(2) The Original Application should be filed in [two sets] paper book properly bound.

(3) The pleading pages should be in green thick paper duly typed in one side in “Double Line Space” and the following details/points should be reflected in the pleading pages:-

(a) Particulars of the Applicant (s) :-
(i.e. Name and Full Address of the Applicant (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](b) Particulars of the Defendant (s) :-
(i.e. Name and Full Address of the Defendant (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](c) Jurisdiction of the Tribunal :-
The Applicant (s) should declare that the subject matter of the recovery of the debt due falls within the jurisdiction of the Hon’ble Tribunal HYD OR ANY OTHER COURT.(d) Limitation :-
The Applicant (s) should declare that the Application is within the period of limitation prescribed in Section 24 of the RDDBFI Act-1993 [i.e. within 3 years from the date of execution of the acknowledgements of debt and twelve years from the creation of mortgage].(e) Facts of the Case:-
Actual facts of the case should be furnished briefly and para-wise by the Applicant duly signed in each and every page of the pleadings. Certified True Copies of all evidence documents should be accompanied with the Original Application Book. However, the original documents be filed before the Tribunal only with the Proof AFFIDAVIT(f) Relief Sought :-
The Applicant should mention in the relief portion that which kind of relief is seeking for.(g) Interim Order if prayed for:-
The Applicant should mention if there is any prayer for interim order in connection with injunction/prohibition or property attachment etc.(h) Matter not pending with any other Court etc.
The Applicant must declare that the matter mentioned in the Original Application is not pending before any Court of Law or any other authority or any other bench of the Tribunal.(i) Particulars of the Application Fee:-
Every Application under sub-section (1) or sub-section (2) of Section 19 of RDDBFI Act-1993 should be accompanied by such fee :-(j) Interim Order if prayed for:-
The Applicant should mention if there is any prayer for interim order in connection with injunction/prohibition or property attachment etc.
1 Where amount of debt due is Rs.10 lakhs Rs.12,000/-
2 Where the amount of debt due is above Rs.10 lakhs
Rs.12,000/- plus Rs.1,000/- for every one lakh rupees of debt due or part thereof in excess of Rs.10 lakhs,
subject to a maximum of
Rs.1,50,000/-

The Application should be accompanied by the Application Fee. Fee should be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG. Name of the Bank on which drawn and Demand Draft Number should be mentioned in the pleading sheet in case the fee is remitted by way of Demand Draft. If the Application Fee is remitted by way of Indian Postal Order (s), the Number of Indian Postal Order (s), Name of Issuing Post Office, Date of issue of Postal Order(s) and Post Office at which payable should also be mentioned in the pleading sheet. It may be noted that there is no provision for refund of any amount wrongly paid. Hence, correct fee be paid with the application.

(j) Details of Index:-
An index in duplicate containing the details of the documents to be relied upon should be produced.(j) List of Enclosures:-
A list of documents submitted with the Original Application should be mentioned in the pleading sheet with properly annexed and paginated. Schedule of the movable and immovable properties if any, should be clearly shown in the pleading sheet mentioning the District, Sub-District, Taluk, Village, Survey No., Extent and description of property alongwith its boundaries etc.A verification certificate should be given duly signed by the Applicant in the last page of the pleading stating that the contents of the OA are true to his personal knowledge and belief.(j) Interim Order if prayed for:-
The Applicant should mention if there is any prayer for interim order in connection with injunction/prohibition or property attachment etc.(j) Interim Order if prayed for:-
The Applicant should mention if there is any prayer for interim order in connection with injunction/prohibition or property attachment etc.
(4) Vakalathnama should be accompanied with the Original Application duly signed by the Applicant and the Counsel, who appear in the case for the Applicant. A Vakalath Fee of Rs.5/- to be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable in HYD OR VIZAG. Kerala Advocates’ Welfare Stamps and Advocates Clerks’ Welfare Fund Stamps should be affixed in the Vakalathnama. Local address of the Advocates to be mentioned in the Vakalath.

(5) nterlocutory Application (IA) can be filed by the Applicant or Counsel for the Applicant accompanied by an affidavit duly signed by him and attested in the main OA case where it is necessary. The Interlocutory Application should be typed in “Double Line Space” on one side of green thick paper. Only one prayer is allowed to mention in each Interlocutory Application. An amount of Rs.250/- should be remitted as fee for IA, by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG In case plural prayers are made, additional fee of Rs.250/- each be paid for each relief.

(B) How can file a Securitizations Application in the DRT, HYD OR VIZAG under SARFAESI Act -2002 ?

II SECURITISATION APPLICATION (S.A.)

(1) Securitization Application should be filed as per the directions given under sub-section (1) of section 17 of the Securitizations And Reconstruction of Financial Assets And Enforcement of Security Interest Act-2002 (SARFAESI Act-2002).

(2) Securitization Application should be filed in [two sets] paper book properly bound.

(3) The pleading pages should be in green thick paper duly typed in one side in “Double Line Space” and the following details/points should be reflected in the pleading pages:-

(a) Particulars of the Applicant (s) :-
(i.e. Name and Full Address of the Applicant (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](b) Particulars of the Defendant (s) :-
(i.e. Name and Full Address of the Defendant (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](c) Jurisdiction of the Tribunal :-
The Applicant (s) should declare that the subject matter of the possession of the scheduled property located within the jurisdiction of the Hon’ble Tribunal HYD OR VIZAG(d) Limitation :-
The Applicant (s) should declare that the Application is within the period of limitation prescribed in Section 17(1) of the SARFAESI Act-2002. [i.e. within 45 days from the date of issue of the Possession Notice/impugned order if any].(e) Facts of the Case :-
Actual facts of the case should be furnished briefly and para-wise by the Applicant duly signed in each and every page of the pleadings. Copies of all evidence documents should be accompanied with the Securitizations Application Book with duly indexed and paginated.(f) Relief Sought :-
The Applicant should mention in the relief portion the relief sought for clearly.(g) Interim Order if prayed for :-
The Applicant should mention that if there is any prayer for interim order in connection with stay of sale proceedings etc.(h) Matter not pending with any other Court etc.
The Applicant must declare that the matter mentioned in the Securitization Application is not pending before any Court of Law or any other authority or any other bench of the Tribunal.(i) Particulars of the Application Fee :-
Every Application under Sub-Section (1) of Section 17 of SARFAESI
Act-2002 should be accompanied by such fee :-
1 Where amount of debt due upto Rs.10 lakhs Rs.5,000/- [i.e. @ Rs.500/- per lakh].
2 Where the amount of debt due is above Rs.10 lakhs Rs.5,000/- plus Rs.250/- for every one lakh rupees of debt due or part thereof in excess of Rs.10 lakhs, subject to a maximum of Rs.1,00,000/- [The borrower and guarantor has to pay the above fee].
3 If, the Applicant/Petitioner is a third party and where amount of debt due is Rs.1 lakh or above 1 lakh: @ Rs.125/- per lakh subject to a maximum of Rs.50,000/-
The Application should be accompanied by the Application Fee. Fee should be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG m payable at HYD OR VIZAG. Name of the Bank on which drawn and Demand Draft Number should be mentioned in the pleading sheet in case the fee is remitted by way of Demand Draft. If the Application Fee is remitted by way of Indian Postal Order (s), the Number of Indian Postal Order (s), Name of Issuing Post Office, Date of issue of Postal Order(s) and Post Office at which payable should also be mentioned in the pleading sheet. It may be noted that there is no provision for refund of any amount wrongly paid. Hence, correct fee be paid with the application.

(j) Details of Index :-
An index in duplicate containing the details of the documents to be relied upon should be enclosed duly certified as true copy and indexed and paginated.(k) List of Enclosures :-
A list of documents submitted with the Securitization Application should be mentioned in the pleading sheet with properly annexed and paginated. Schedule of the movable and immovable properties if any, should be clearly shown in the pleading sheet mentioning the District, Sub-District, Taluk, Village, Survey No., Extent and description of property along with its boundaries etc.A verification certificate should be given duly signed by the Applicant in the last page of the pleading stating that the contents of the Securitizations Application are true to his personal knowledge/information and belief.
(4) Vakalathnama should be accompanied with the Securitizations Application duly signed by the Applicant (s) and the Counsel, who are appearing in the case for the Applicant (s). A Vakalath Fee of Rs.5/- to be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG Advocates’ Welfare Stamps and Advocates Clerks’ Welfare Fund Stamps should be affixed in the Vakalathnama. Local address of the Advocates to be mentioned in the Vakalath.

(5) Interlocutory Application (IA) can be filed by the Applicant (s) or Counsel for the Applicant accompanied by an affidavit duly signed by him and attested in the main SA case where it is necessary. The Interlocutory Application should be neatly typed in “Double Line Space” on one side in a green thick paper. Only one prayer is allowed to mention in each Interlocutory Application. An amount of Rs.200/- should be remitted as fee for IA, by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG. If plural prayers are made Rs.200/- each for additional relief to be paid.

(iii) APPEAL AGAINST THE ORDER OF RECOVERY OFFICER :-

Appeal should be filed as per the directions given under section 30 (1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act-1993).

Appeal should be filed in [two sets] paper book properly bound.

The pleading pages should be in green thick paper duly typed in one side in “Double Line Space” and the following details/points should be reflected in the pleading pages:-

(a) Particulars of the Appellant (s) :-
(i.e. Name and Full Address of the Appellant (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](b) Particulars of the Respondent (s) :-
(i.e. Name and Full Address of the Respondent (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](c) Jurisdiction of the Tribunal :-
The Appellant (s) should declare that the subject matter falls within the jurisdiction of the Hon’ble Tribunal(HYD OR VIZAG(d) Limitation :-
The Appellant (s) should declare that the Appeal is within the period of limitation prescribed in Section 30 of the RDDBFI Act-1993 [i.e. within 30 days from the date of order a copy of the order is issued to him].(e) Facts of the Case:-
Actual facts of the case should be furnished briefly and para-wise by the Appellant (s) duly signed in each and every page of the pleadings. Copies of all evidence documents should be accompanied by the Appeal Book duly indexed, certified as true copy and paginated.(f) Relief Sought :-
The Applicant should mention in the relief portion the relief sought for clearly.(g) Interim Order if prayed for:-
The Appellant should mention if there is any prayer for interim order.(h) Matter not pending with any other Court etc.
The Appellant must declare that the matter mentioned in the Appeal is not pending before any Court of Law or any other authority or any other bench of the Tribunal.(i) Particulars of the Application Fee :-
Every Application under Section 30 (1)of RDDBFI Act-1993 shall be
accompanied by such fee :-
1 Less than Rs.10 lakhs Rs.12,000/-
2 Rs.10 lakhs or more but less than Rs.30 lakhs Rs.20,000/-
3 Rs.30 lakhs or more Rs.30,000/-
The Application should be accompanied by the Application Fee. Fee should be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG. Name of the Bank on which drawn and Demand Draft Number should be mentioned in the pleading sheet in case the fee is remitted by way of Demand Draft. If the Application Fee is remitted by way of Indian Postal Order (s), the Number of Indian Postal Order (s), Name of Issuing Post Office, Date of issue of Postal Order(s) and Post Office at which payable should also be mentioned in the pleading sheet. It may be noted that there is no provision for refund of any amount wrongly paid. Hence, correct fee be paid with the application.

(j) Details of Index :-
An index in duplicate containing the details of the documents to be relied upon should be enclosed.(k) List of Enclosures :-
A list of documents should be submitted with the Appeal duly indexed, certified as true copy and paginated.(l) A verification certificate should be given duly signed by the Appellant (s) in the last page of the pleading stating that the contents of the Appeal are true to his personal knowledge, information and belief.
A Vakalathnama should be accompanied by the Appeal duly signed by the Appellant(s) and the Counsel, who are appearing in the case for the Appellant (s). A Vakalath Fee Rs.5/- to be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, hyd or vizag payable at hyd or vizag. A.P Advocates’ Welfare Stamps and Advocates Clerks’ Welfare Fund Stamps should be affixed in the Vakalathnama. Local address of the Advocates to be mentioned in the Vakalath.
Interlocutory Application (IA) can be filed by the Appellant or Counsel for the Appellant accompanied by an affidavit duly signed by him and attested in the main Appeal case where it is necessary. The Interlocutory Application should be neatly typed in “Double Line Space” on one side in a green thick paper. Only one prayer is allowed to mention in each Interlocutory Application. An amount of Rs.250/- should be remitted as fee for IA, by way of Bank Draft/Postal Order in avour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD VIZAG. If plural prayers are made additional fee of Rs.250/- to be paid for each relief.

(D) How can file an Application for Review of Orders passed by the Hon’ble Presiding Officer in DRT HYD OR VIZAG ?

(iv) REVIEW APPLICATION (RA) :

Review Application should be filed as per the directions given under Rule 5A (1) of the Debts Recovery Tribunal (Procedure) Rule, 1993 and section 22 and of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act-1993).

Review Application can file by any party considering itself aggrieved by an order made by the Tribunal on account of some mistake or error apparent on the face of the record for a review of the order made against him/her. It should be in green thick paper duly typed on one side with “Double Line Space” and the following details/points should be reflected :-

(a) Particulars of the Review Petitioner (s) :-
(i.e. Name and Full Address of the Review Petitioner (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any].(b) Particulars of the Respondent (s) :-
(i.e. Name and Full Address of the Respondent (s) mentioning the Post Index Number (PIN), [Telephone No. and E-mail ID if any](c)Limitation :-
No application for review shall be made after the expiry of a period of 60 (sixty) days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application [but where the Tribunal is of opinion that the application] for review shall be granted, it shall grant the same :No such application shall be granted without previous notice to the opposite party to enable him to appear and to be heard in support of the order, a review of which is applied for.(d) Particulars of the Application Fee :-
Every Application under Rule 7 (1) & (2) of the Debts Recovery Tribunal (Procedure) Rule, 1993 shall be accompanied by such fee :-
(i) Against an interim order Rs.125/-
(ii) Against a final order excluding review for correction of clerical or arithmetical mistakes 50% of fee payable at rates as applicable on the applications under section 19(1) or 19(8) of the RDDBFI Act-1993, subject to a maximum of Rs.15,000/-
The Review Application should be accompanied by the Review Application Fee. Fee should be remitted by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG. Name of the Bank on which drawn and Demand Draft Number should be mentioned in the pleading sheet in case of the fee remitted by way of Demand Draft. If the Application Fee is remitted by way of Indian Postal Order (s), the Number of Indian Postal Order (s), Name of Issuing Post Office, Date of issue of Postal Order(s) and Post Office at which payable should also be mentioned. It may be noted that there is no provision for refund of any amount wrongly paid. Hence, correct fee be paid with the application.

3) Interlocutory Application (IA)

Can be filed by the Review Petitioner Accompanied by an affidavit duly signed by him and attested in the main RA where it is necessary. The Interlocutory Application should be neatly typed in “Double Line Space” on one side in a green thick paper. Only one prayer is allowed to mention in each Interlocutory Application. An amount of Rs.250/- should be remitted as fee for IA, by way of Bank Draft/Postal Order in favour of the Registrar, Debts Recovery Tribunal, HYD OR VIZAG payable at HYD OR VIZAG. If plural prayers are made additional fee of Rs.250/- to be paid for each relief.

(E) How can file the connected documents in the Main OA/SA/Appeal Cases?

V Proof of Service, Memo, No Fee for filing these documents. These are

Written Statement, Reply Statement, Counter in IA, Proof Affidavit and Original

Documents etc., also filed in duly typed single side paper in double space. Written Statement must have the verification of all deponents. Counter, Written Statement and Original Documents etc., should be produced with index and duly paginated.

(F) How can apply for Certified copies of documents in OA/SA/Appeal and IAs etc.?

VI Application for Certified
Copy of documents in
OA/SA/IA & Appeal cases.

An application form is available in the Notice Board of this Tribunal for this purpose. The Application for a certified copy should be accompanied by a fee of Rs.10/- by way of DD or IPO in favour of the Registrar, DRT, HYD OR VIZAG payable at HYD OR VIZAG. After scrutiny of the copy application, additional fee to be paid will be notified. On remittance of additional fee copy ready will be notified.[ Rs.10/- per page for typed copy and Rs.5/- per page for Xerox copy]. If a third party wants copy of any order/documents he should file one petition with affidavit for the approval of Hon’ble Presiding Officer

VII Inspection of Files/Documents An application form is available on the Notice Board of this Tribunal for this purpose. The Application should be accompanied by a fee of Rs.100/- for one hour and for subsequent hours Rs.20/- each. The fee should be paid by way of DD or IPO in favour of the Registrar, DRT, HYD OR VIZAG payable at HYD OR VIZAG. On verification of the application the date and time will be notified. For inspection of documents to note down the points only pencil will be allowed. Verbatim copying of 1order will not be allowed. However, copy application may be made after verification. If a third party wants to insect, he should file an affidavit petition with prescribed fee for the orders of the Hon’ble Presiding Officer.