RPL Bank extended a term loan to Inspire Ltd. Debt Recovery Tribunal (DRT) has issued order against the company for recovery of outstanding dues. Aggrieved by the order of DRT, Inspire Ltd wants to file an appeal before

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2021
RPL Bank extended a term loan to Inspire Ltd. Debt Recovery Tribunal (DRT) has issued order against the company for recovery of outstanding dues. Aggrieved by the order of DRT, Inspire Ltd wants to file an appeal before the Debt Recovery Appellate Tribunal under the provisions of The Recovery of Debt Due to Banks and Financial Institutions Act, 1993. Analyse the provision relating to appeal to Debt Recovery Appellate Tribunal (DRAT) State the portion of amount to be deposited for considering appeal by DRAT.

Answer & Explanation:

Section 20 of the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 deals with Appeal to the Appellate Tribunal. It states that: Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. Every appeal under sub-section (1) shall be filed within a period of 30 days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing it within that period. On receipt of an appeal under sub-section (1) or under sub-section (1) of section 181 of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Tribunal. The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within 6 months from the date of receipt of the appeal. Deposit of amount of debt, on filing appeal According to Section 21 of the Act, where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal 50% of the amount of debt so due from him as determined by the Tribunal under section 19: Provided that the Appellate Tribunal may, for reasons to be recorded in writing, reduce the amount to be deposited by such amount which shall not be less than 25% of the amount of such debt so due to be deposited under this section.

Topics: Debt Recovery

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