Subrata, one of the guarantor for debt facilities taken by Great Herald Ltd. is aggrieved by an order of Debt Recovery Tribunal. Advise him about the further course of action.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2016
Subrata, one of the guarantor for debt facilities taken by Great Herald Ltd. is aggrieved by an order of Debt Recovery Tribunal. Advise him about the further course of action.
Answer & Explanation:
Subrata, being a guarantor for debt facilities taken by Great Herald Ltd., is aggrieved by an order of the Debt Recovery Tribunal (DRT). He has a further course of action available to him, which is to appeal to the Debts Recovery Appellate Tribunal (DRAT). Advice to Subrata: As per Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act), any person aggrieved by an order made, or deemed to have been made, by a Tribunal (DRT) under this Act, may prefer an appeal to an Appellate Tribunal (DRAT) having jurisdiction in the matter. Key points for Subrata to consider for filing an appeal: No Appeal from Consent Order: No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. Time Limit for Appeal: Every appeal shall be filed within a period of forty-five 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. Form and Fee: The appeal must be in such form and accompanied by such fee as may be prescribed. Condonation of Delay: The Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. Pre-deposit Requirement (if applicable): While Section 20 of RDDBFI Act does not explicitly mention a pre-deposit for an appeal by a guarantor, Section 21 of the RDDBFI Act states that where an appeal is preferred by any person from whom the amount of debt is due to a bank or 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 seventy-five per cent of the amount of debt so due from him as determined by the Tribunal. However, the Appellate Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited. Subrata, as a guarantor, might be subject to this pre-deposit requirement if the DRT order holds him liable for the debt. Process at DRAT: On receipt of an appeal, 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 shall be dealt with by it as expeditiously as possible, and endeavor shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. Therefore, Subrata should immediately obtain a copy of the DRT order, consult with a legal professional, and prepare to file an appeal before the Debts Recovery Appellate Tribunal within the stipulated 45-day period, ensuring compliance with all procedural requirements, including any pre-deposit if applicable.
Topics: Debt Recovery
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