8. Debt Recovery & Suit

Debt Recovery Tribunal (DRT) Matters – Expert Legal Support for Swift Debt Resolution

Are you facing challenges in recovering your dues or defending a recovery claim filed by a bank or financial institution? Whether you're a financial creditor, borrower, guarantor, or third party, Debt Recovery Tribunal (DRT) matters require professional legal guidance to ensure your rights are protected and your interests secured.

At [Your Law Firm Name], we specialize in representing clients before DRT and DRAT (Debt Recovery Appellate Tribunal), offering end-to-end legal support in debt recovery and defense under the Recovery of Debts and Bankruptcy Act, 1993 and allied laws.

What is DRT? Why is it Important for You?

Debt Recovery Tribunals (DRTs) are quasi-judicial bodies established by the government to ensure speedy adjudication and recovery of debts owed to banks and financial institutions, typically above ₹20 lakhs. These tribunals handle cases related to loan defaults, asset recovery, and enforcement of security interests.

Debt Recovery Appellate Tribunal (DRAT) hears appeals against DRT orders.

🔍 Types of DRT Cases We Handle

Recovery Applications by Banks & Financial Institutions

Under Section 19 of the RDDBFI Act.

Filing, contesting, and strategizing recovery suits.

SARFAESI Act Matters

Challenging possession notices, sale of secured assets.

Filing Securitisation Applications under Section 17.

Appeals Before DRAT

Drafting, filing, and arguing appeals against DRT orders.

Objection by Borrowers/Guarantors

Representing clients in resisting illegal or excessive recovery actions.

Compromise Settlements & OTS Negotiation Support

Structuring One-Time Settlements (OTS) with banks.

Third-Party Rights & Auction Purchasers

Legal protection of rights in property auctions or disputed recoveries.

📚 Legal Framework Governing DRT Matters

The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act)

Establishes DRTs for speedy recovery of debts owed to banks and financial institutions.

Empowers tribunals to adjudicate and enforce claims above ₹20 lakhs.

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002

Allows banks to seize and sell secured assets without court intervention.

Borrowers can challenge actions under this act before the DRT.

⚖️ Jurisdiction of DRT

Monetary Threshold: DRTs handle recovery claims above ₹20 lakhs.

Territorial Jurisdiction: Determined by the location of the borrower, bank branch, or the secured asset.

Subject Matter Jurisdiction:

Loan default cases.

SARFAESI-related disputes.

Bankruptcy proceedings involving banks/FIs.

📌 Common Issues Faced by Clients

Harassment or illegal possession by banks under SARFAESI.

Delays in property auctions or wrongful auction notices.

Denial of fair hearing or stay relief in recovery actions.

Rejection of OTS (One-Time Settlement) proposals.

Execution or enforcement of DRT orders.

Documents Required for DRT Cases (Sample List)

For Borrowers/Defendants:

Loan documents (Sanction letter, Loan agreement)

Notices under Section 13(2) or 13(4) of SARFAESI Act

Property documents (if collateral)

Correspondence with bank

Any reply/objection filed

For Financial Creditors/Applicants:

Statement of account

Sanction letter and security documents

NPA declaration

Notices served and replies

Original documents and affidavit in support

🕒 Time Frame for DRT Proceedings

DRT aims to dispose of recovery applications within 180 days.

However, delays can happen due to procedural issues, volume of cases, or incomplete documentation.

DRAT appeals must be filed within 30 days from DRT’s order.

🔍 Tips for Clients Before Approaching DRT

Always maintain a paper trail (emails, letters, replies).

Act promptly – delays weaken your legal standing.

Hire a lawyer experienced in financial litigation and DRT procedures.

Keep all loan-related documents and correspondences organized.

Explore OTS or settlement possibilities wherever feasible.

🤝 Our DRT Legal Services Include

Legal notice replies

Filing/defending recovery applications

Stay and injunction applications

SARFAESI representation

Appeals before DRAT

Settlement facilitation and advisory

Legal representation at hearings and cross-examinations

Our Expertise Includes

Preparing and filing pleadings, affidavits, and applications.

Defending interim relief, stay orders, and injunctions.

Strategizing pre-litigation actions and settlement options.

Assisting in documentation and compliance with procedural rules.

Post-judgment execution & enforcement guidance.

🛡️ Why Choose Us?

💼 Client-Centric Approach: Your peace of mind and legal success are our priority.

⚖️ Expert DRT Advocates: Skilled in financial laws, banking norms, and tribunal practice.

⏱️ Timely Action: DRT matters are time-sensitive – we act fast and smart.

Pan-India Representation: Available for DRTs and DRATs across the country.

Recovery Suit

Secure Your Hard-Earned Money Legally and Effectively

Are you struggling to recover money from a defaulter, business partner, or borrower? Don’t let your rightful dues remain unpaid. As experienced advocates, we offer professional assistance in filing and pursuing Recovery Suits—a powerful legal remedy to recover money through the court of law.

Whether it’s a loan not repaid, dishonoured cheque, unpaid invoice, or any breach of financial obligation—our legal team ensures you receive justice swiftly and effectively.

What is a Recovery Suit?

A Recovery Suit is a civil legal action initiated under the Civil Procedure Code (CPC), 1908, to recover debts, dues, or financial obligations from individuals, businesses, or entities. When demand notices and other remedies fail, filing a recovery suit is a structured and enforceable legal path.

When to File a Recovery Suit?

Non-payment of loans or advances

Recovery from tenants for unpaid rent

Unpaid bills or invoices in business dealings

Dishonour of cheques (in parallel with criminal action under Section 138 of NI Act)

Breach of contract involving financial loss

Types of Recovery Cases We Handle:

Personal Loan Recovery ✅ Corporate & Commercial Debt Recovery ✅ Cheque Bounce & Dishonoured Payment Cases ✅ Rental Dues Recovery ✅ Recovery from Business Partners ✅ Property Dispute-related Recoveries

Legal Process Involved:

Legal Notice Drafting & Dispatch – As a preliminary step, we send a well-crafted legal notice demanding the outstanding amount.

Filing of Recovery Suit – If no response or payment is received, we file a civil recovery suit before the competent court.

Representation in Court – Our legal team represents your case, presents evidence, and argues to obtain a favorable decree.

Execution of Decree – Upon court order, we assist in executing the decree to ensure actual recovery—by attachment of assets or salary, if needed.

Time Limits (Limitation Period):

As per the Limitation Act, the standard period for filing a recovery suit is 3 years from the date of the cause of action.

Documents Required to File a Recovery Suit:

To initiate the recovery process, the following documents are typically needed:

Copy of loan agreement or promissory note (if any)

Invoices, bills, or transaction statements

Cheque copies (if cheque was dishonoured)

Any communication (emails, letters, WhatsApp) showing reminders or demands

Identity and address proof of the client

Proof of services or goods delivered (if applicable)

Bank statements reflecting non-payment or bounced cheques

⚖️ Jurisdiction of Court:

The recovery suit is filed in a civil court based on:

The amount involved (Pecuniary Jurisdiction), and

The location of the defendant or place where cause of action arose (Territorial Jurisdiction).

Pecuniary Jurisdiction (Amount-based):

Below ₹2 Lakhs – Civil Judge (Junior Division)

₹2 Lakhs to ₹20 Lakhs – Civil Judge (Senior Division)

Above ₹20 Lakhs – District or Commercial Court

For faster disposal, cases of commercial transactions can be filed under the Commercial Courts Act, 2015.

⏳ Timeframe of the Case:

Initial legal notice: Within 7–15 days

Filing to decree: Can take 6 months to 2 years (depending on case complexity, court backlog, and cooperation by both parties)

Execution of decree: May take additional 2–6 months

⚠️ Common Challenges Clients Face (and We Handle):

Defendant becomes untraceable

Lack of proper documentation

Delay tactics by the opposite party

Multiple parties involved (partners, guarantors, etc.)

Cross-suits or counterclaims

We help navigate all these with strong legal strategy and proactive action.

Alternate Legal Remedies (if applicable):

Apart from a civil recovery suit, the following parallel or alternative remedies may be explored:

Section 138 of Negotiable Instruments Act – for cheque bounce

Arbitration – if agreement includes an arbitration clause

Summary Suit under Order 37 CPC – for faster disposal in specific cases

Insolvency Proceedings – for corporate debtors under IBC

Police Complaint – if fraud or criminal breach of trust is involved