Write notes on the following: Mode of recovery of debt determined by Debt Recovery Tribunal (DRT).

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2015
Write notes on the following: Mode of recovery of debt determined by Debt Recovery Tribunal (DRT).

Answer & Explanation:

The Debt Recovery Tribunal (DRT) is established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) for the expeditious adjudication and recovery of debts due to banks and financial institutions. Once the DRT determines the debt and issues a recovery certificate, the Recovery Officer attached to the DRT proceeds with the recovery of the amount in the following modes: Attachment and Sale of Property: The Recovery Officer can attach and sell the immovable or movable property of the defendant (the defaulter). This is a primary method to realize the outstanding debt. Appointment of Receiver: The Recovery Officer can appoint a receiver for the management of the immovable or movable properties of the defendant. The receiver manages the assets and uses the income generated or sells the assets to recover the debt. Arrest and Detention: In certain circumstances, the Recovery Officer may order the arrest and detention of the defendant. Attachment of Debts/Salaries: The Recovery Officer can attach any debt due to the defendant, or salary/wages payable to the defendant. Other Modes: Any other mode as prescribed under the RDDBFI Act or rules made thereunder, which are similar to the modes of recovery under the Code of Civil Procedure, 1908, for the execution of a decree. These modes ensure that the recovery certificate issued by the DRT is effectively enforced to recover the dues of banks and financial institutions.

Topics: Insolvency and Winding Up

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