Debt Recovery Tribunal

Feb. 19, 2024

Recently, the Department of Financial Services secretary chaired a conference of heads of Debt Recovery Appellate Tribunals (DRATs) and Presiding Officers of Debt Recovery of Tribunals (DRTs) in New Delhi.

About the 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.
  • Objective: These are established to provide expeditious adjudication and recovery of debts due to Banks and Financial Institutions.
  • At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country.
  • Each DRT and DRAT are headed by a Presiding Officer and a Chairperson respectively.
  • Under section 22(2) in the Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 DRT has the following powers:
    • summoning and enforcing the attendance of any person and examining him on oath;
    • requiring the discovery and production of documents;
    • receiving evidence on affidavits;
    • issuing commissions for the examination of witnesses or documents;
    • reviewing its decisions;
    • dismissing an application for default or deciding it ex parte;
    • setting aside any order of dismissal of any application for default or any order passed by it ex parte;
    • any other matter which may be prescribed.
  • Composition:
    • It is headed by the Presiding Officer to be appointed, by notification, by the Central Government.
    • Qualification of Presiding Officer: A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he is, or has been, or is qualified to be, a District Judge.
    • Tenure: The Presiding Officer of a Tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment.