Debts Recovery Tribunals / Debts Recovery Appellate Tribunals
About Debt Recovery Tribunal
The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions.
Debt Recovery Laws
Recovery of Debts and Bankruptcy (RDB Act), 1993 is an Act to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto
Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest (SARFAESI) Act, 2002 is an Act to regulate securitisation and reconstruction of Financial Assets and enforcement of security interest and for matters connected therewith or incidental thereto.
Debts Recovery Tribunals and Debts Recovery Appellate Tribunals
The Debts recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunal (DRATs) have been established under RDB Act, 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions.
At present, 39 DRTs and 5 DRATs are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson respectively.
DRT Court Fees & DRAT Court Fees
What is the fee for filing an Original Application (OA) before the Tribunal?
The fee payable as per Rule 7 of the Debts Recovery Tribunal (Procedure) Rules, 1993 is Rs.12,000/- where an amount of debt due is Rs.10.00 lakhs, Rs.12,000 plus Rs.1000 for every one lakh of debt due or part thereof in excess of Rs.10.00 lakhs subject to a maximum of Rs.1,50,000/- where an amount of debt due is above Rs.10.00 lakhs.
What is the fee for Review Application?
The fee for Review Application is fifty per cent of the fee paid for the OA.
What is the fee for Interlocutory Application?
The fee for filing Interlocutory Application (IA) is Rs.250/-.
What is the fee for Vakalatnama?
The fee for filing Vakalatnama is Rs.5/-.
What is the fee for an appeal against the order of the Recovery Officer?
Rs.12,000/- if the amount appealed against is less than Rs.10 lakhs.
Rs.20,000/- if the amount appealed against is Rs.10 to 30 lakhs.
Rs.30,000/- if the amount appealed against is more than 30 lakhs.
What is the fee for perusal of documents?
Rs.100/- per case.
What is the fee payable for certified copies of documents?
Rs.5 per page.
Debts Recovery Tribunal (Procedure) Rules, 1993
7. Application Fee. –
(1) Every Application under section 19(1), or section 19(2), or section 19(8), or section 30(1) of the Act, or interlocutory application or application for review of decision of the Tribunal shall be accompanied by a fee provided in the sub-rule (2) and such fee may be remitted through, a crossed Bank Demand Draft drawn on a bank or Indian Postal Order in favour of the Registrar of the Tribunal and payable at the place where the Tribunal is situated.
(2) The amount of fee payable shall be as follows: –
1. Application for recovery of debts due under section 19(1) or section 19(2) of the Act:
(a) Where amount of debt due is Rs.10 lakhs Rs. 12000/-
(b) Where the amount of debt due is above Rs.10 lakhs Rs.12000/- plus Rs. 1000/- for every one lakh rupees of debt due or part thereof in excess of Rs.10/- lakhs, subject to a maximum of Rs.1,50,000/-.
2. Application to counter claim under section 19(8) of the Act:
(a) Where the amount of claim made is upto Rs.10 lakhs Rs. 12000/-
(b) Where the amount of claim made is above Rs.10 lakhs Rs.12000/- plus Rs.1000/- for every one lakh rupees or part thereof in excess of Rs. 10/- lakhs, subject to a maximum of Rs.1,50,000/-
3. Application for Review including review application in respect of the counter claim:
(a) against an interim order Rs. 125
(b) against a final order excluding review for correction of clerical or arithmetical mistakes 50% of fee payable at rates as applicable on the applications under section 19(1) or 19(8) of the Act, subject to a maximum of Rs.15,000/-
4. Application for interlocutory order Rs. 250/-
5. Appeals against orders of the Recovery Officer
If the amount appealed against is:
(i) Less than Rs.10 lakhs Rs. 12000/-
(ii) 10 lakhs or more but less than Rs. 30 lakhs Rs. 20,000/-
(iii) 30 lakhs or more Rs. 30,000/-
6. Vakalatnama Rs. 5/-
The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994
8. Fee. – (1) Every memorandum of appeal under section 20 of the Act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the Registrar and payable at the station where the Registrar’s officer is situated or remitted through a crossed Indian Postal Order drawn in favour of the Registrar and payable in Central Post Office of the station where the Appellate Tribunal is located.
(2) The amount of fee payable in respect of appeal under section 20 shall be as follows:-
1 Less than Rs. 10 lakhs Rs.12,000
2 Rs. 10 lakhs or more but less than Rs. 30 lakhs Rs. 20,000
3 Rs. 30 lakhs or more Rs. 30,000
The Security Interest (Enforcement) Rules, 2002
13. Fees for applications and appeals under section 17 and 18 of the Act.-
(1) Every application under sub section (1) of section 17 or an appeal to the Appellate Tribunal under sub-section (1) of section 18 shall be accompanied by a fee provided in the sub-rule (2) and such fee may be remitted through a crossed demand draft drawn on a bank or Indian Postal Order in favour of the Registrar of the Tribunal or the Court as the case may be, payable at the place where the Tribunal or the Court is situated.
(2) The amount of fee payable shall be as follows:
1. Application to a Debt Recovery Tribunal under sub-section (1) of section 17 against any of the measures referred to in sub-section (4) of section 13
(a) Where the applicant is a borrower and the amount of debt due is less than Rs.10 lakhs Rs. 500 for every Rs.1 lakh or part thereof
(b) Where the applicant is a borrower and the amount of debt due is Rs. 10 lakhs and above Rs. 5,000 + Rs. 250 for every Rs. 1 lakh or part thereof in excess of Rs. 10 lakhs subject to a maximum of Rs. 1,00,000
(c) Where the applicant is an aggrieved party other than the borrower and where the amount of debt due is less than Rs.10 lakhs Rs. 125 for every Rupees One lakh or part thereof
(d) Where the applicant is an aggrieved party other than the borrower and where the amount of debt due is Rs.10 lakhs and above Rs. 1,250 + Rs. 125 for every Rs. 1 lakh or part thereof in excess of Rs. 10 lakhs subject to a maximum of Rs. 50,000
(e) Any other application by any person Rs. 200
2. Appeal to the Appellate Authority against any order passed by the Debt Recovery Tribunal under section 17 Same fees as provided at clauses (a) to (e) of serial number 1 of this rule]
