Recovery of Debts due to Banks and Financial Institutions Act 1993

3rd Apr, 2016

Writ Petitions against order passed by DRT in exercise of jurisdiction U/s 17 of the SARFAESI Act cannot be entertained #indianlaws

Writ petition under Article 226 of the Constitution should not be entertained when the alternate remedy is available under the Act, unless exceptional circumstances are made out. The writ remedy cannot be permitted to be […]
24th Feb, 2016

SARFAESI prevails over the Sick Industrial Companies (Special Provisions) Act #indianlaws

The Supreme Court was observed that the purpose of the two enactments is entirely different. The purpose of one is to provide ameliorative measures for reconstruction of sick companies, and the purpose of the other […]
12th Aug, 2015

Appellate Tribunal has the jurisdiction to condone the delay in filing an appeal under Section 18 (1) of the SARFAESI Act#indianlaws

The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act […]
10th Sep, 2014

DRT/ DRAT empowered to lay down its procedure to regulate the proceeding #indianlaws

An application under Section 22(2)(b) of the Recovery of Debts due to Banks and Financial Institution Act, 1993 RDBFI Act) for production of original/certified copies of the documents mentioned in the petition was filed. On […]
12th Sep, 2013

Unnecessary adjournments must not be granted by the DRT

Debt Recovery Tribunal(s) are constituted to ensure expeditious disposal of controversies/ issues between the banks and borrowers in the larger public interest.