DEBTS RECOVERY TRIBUNAL (PROCEDURE)
RULES, 1993
In exercise of the powers conferred by sub-sections(1) and
(2) of section 36 of the Recovery of Debts Due to Banks and Financial
Institution Ordinance, 1993 (25 of 1993), the Central Government hereby
makes the following rules, namely:--
1. Short title and commencement
(1) These rules may be
called the Debts Recovery Tribunal (Procedure) Rules, 1993.
(2) They shall come into
force on the date of their publication in the Official Gazette.
2. Definitions
In these rules, unless
the context otherwise requires,--
(a) "agent" means
a person duly authorised by a party to present application or to give
reply on its behalf before the Tribunal;
(b) "applicant"
means a person making an application under section 19 or under section
31-A and also includes an "applicant" who files an appeal under section
30(1) of the Act;
(c) "application"
means an application filed under section 19 or under section 31-A and
includes an "appeal" filed under section 30(1) of the Act;
(d) "legal
practitioner" shall have the same meaning as it is assigned to it in the
Advocates Act, 1961 (25 of 1961);
(e) "Ordinance"
means the Recovery of Debts Due to Banks and Financial Institutions Act,
1993 (51 of 1993) (hereinafter referred to as the Act);
(f)
"Presiding Officer" means the Presiding Officer of a Tribunal;
(g) "Registrar"
means the Registrar of the Tribunal and includes the Assistant Registrar
to whom the powers and duties of the Registrar may be delegated;
(h)
"Registry" means the Registry of the Tribunal.
3. Language of the Tribunal
(1) The proceedings of
the Tribunal shall be conducted in English or Hindi.
(2) No reference,
application, representation, documents or other matter contained in any
language other than English or Hindi shall be accepted by the Tribunal
unless the same is accompanied by the true translation thereof in English
or Hindi.
4. Procedure for filing applications
(1) The application u/s
19 or sec. 31A, or u/s. 30(1) of the Act may be presented as nearly as
possible in Form-I, Form-II and Form-III respectively annexed to these
rules by the applicant in person or by his agent or by a duly authorised
legal practitioner to the Registrar of the Bench within whose jurisdiction
his case falls or shall be sent by registered post addressed to the
Registrar.
(2) An application sent
by post under sub-rule (1) shall be deemed to have been presented to the
Registrar the day on which it was received in the office of the
Registrar.
(3) The application
under sub-rule (1) shall be presented in two sets in a paper book along
with an empty file size envelope bearing full address of the defendants
and where the number of defendant is more than one, then sufficient number
of extra paper-books together with empty file size envelopes bearing full
address of each of the respondents shall be furnished by the applicant.
5. Presentation and scrutiny of applications
(1) The Registrar, or,
as the case may be, the officer authorised by him, shall endorse on every
application the date on which it is presented or deemed to have been
presented under Rule 4 and shall sign endorsement.
(2) If on scrutiny, the
application is found to be in order, it shall be duly registered and given
a serial number.
(3) If the application,
on scrutiny, is found to be defective and the defect noticed is formal in
nature, the Registrar may allow the party to rectify the same in his
presence and if the said defect is not formal in nature, the Registrar,
may allow the applicant such time to rectify the defect as he may deem
fit.
(4) If the concerned
applicant fails to rectify the defect within the time allowed in sub-rule
(3), the Registrar may by order and for reasons to be recorded in writing,
decline to register the application.
(5) An appeal against
the order of the Registrar under sub-rule (4) shall be made within 15 days
of the making of such order to the Presiding Officer concerned in chamber
whose decision thereon shall be final.
5A. Review
(1) Any party
considering itself aggrieved by an order made by the Tribunal on account
of some mistake or error apparent on the face of the record desires to
obtain a review of the order made against him, may apply for a review of
the order to the Tribunal which had made the order.
(2) No application for
review shall be made after the expiry of a period of sixty days from the
date of the order and no such application shall be entertained unless it
is accompanied by an affidavit verifying the application..
(3) Where it appears to
the Tribunal that there is no sufficient ground for a review, it shall
reject the application but where the Tribunal is of opinion that the
application for review should be granted, shall grant the same:
PROVIDED that no such
application shall be granted without previous notice to the opposite party
to enable him to appear and to be heard in support of the order, a review
of which is applied for.
6. Place of filing application
The application shall be
filed by the applicant with the Registrar within whose jurisdiction--
(a) the applicant
is functioning as a bank or financial institution, as the case may be, for
the time being, or
(b) the
defendant, or each of the defendants where there are more than one, at the
time of making application, actually or voluntarily resides, or carries on
business, or personally works for gain, or
(c) any of the
defendants where there are more than one, at the time of making the
application, actually and voluntarily resides, or carries on business, or
personally works for gain, or
(d) the
cause of action, wholly or in part, arises.
7. Application fee
(1) Every appliction
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--
TABLE
|
Sl No.
|
Nature of
Application
|
Amount of Fee
payable
|
|
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
(b) Where the amount of debt due is above Rs. 10 lakhs
|
Rs. 12 000/-
Rs. 12 000/- plus Rs. 1 000/- 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
(b) Where the amount of
claim made is above Rs. 10 lakhs
|
Rs. 12 000/-
Rs. 12 000/- plus Rs. 1 000/- 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
(b) against a final order excluding review for correction of clerical
or arithmetical mistakes
|
Rs. 125/-
-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
(ii) Rs. 10 lakhs or more but less than Rs. 30 lakhs
(iii) Rs. 30 lakhs or more
|
Rs. 12 000/-
Rs. 20 000/-
Rs. 30 000
|
|
6.
|
Vakalatnama |
Rs. 5/- |
8. Contents of application
(1) Every application
filed under rule 4 shall set forth concisely under distinct heads, the
grounds for such application and such grounds shall be numbered
consecutively and shall be typed in double space on one side of the paper.
(2) It shall not be
necessary to present separate applications to seek interim order of
direction if in the original application the same is prayed for.
9. Documents to accompany the application under section 19
or section 31-A of the Act
(1) An application under
section 19 or section 31-A shall be accompanied by a paper book
containing,--
(i) a statement
showing details of the debt due from a defendant and circumstances under
which such debt has become due; and shall also disclose details of the
case and decision in that case which is sought to be reviewed;
(ii) all
documents relied upon by the applicant and those mentioned in the
application;
(iii) details of the
crossed demand draft or crossed Indian Postal Order representing the
application fee;
(2) The documents
referred to in sub-rule (1) shall be neatly typed in double space on one
side of the paper, duly attested by a senior officer of the bank, or
financial institution, as the case may be, and numbered accordingly.
(3) Where the parties to
the suit or proceedings are being represented by an agent, documents
authorising him to act as such agent shall also be appended to the
application:
PROVIDED that where an
application is filed by legal practitioner, it shall be accompanied by a
duly executed Vakalatnama.
10. Plural remedies
[x x x]
11. Endorsing copy of application to the respondent
A copy of the
application and paper book shall be served on each of the respondents as
soon as they are filed, by registered post.
12. Filing of reply and other documents by the respondent
(1) The defendant may
file two complete sets containing the reply to the application along with
documents in a paper book form with the registry within one month of the
service of the notice of the filing of the application on him.
(2) The defendant shall
also endorse one copy of the reply along with documents as mentioned in
sub-rule (1) to the applicant.
(3) The Tribunal may, in
its discretion on application by the respondent, allow the filing of reply
referred to in sub-rule (1), after the expiry of the period referred to
therein.
(4) If the defendant
fails to file the reply under sub-rule (1) or on the date fixed for
hearing of the application, the Tribunal may proceed forthwith to pass an
order on the application as it thinks fit.
(5) Where a defendant
makes an admission of the full or part of the amount of debt due to a bank
or financial institution, the Tribunal shall order such defendant to pay
the amount, to the extent of the admission, by the applicant within a
period of one month from the date of such order failing which the Tribunal
may issue a certificate in accordance with section 19 of the Act to the
extent of amount of debt due admitted by the defendant.
(6) The Tribunal may at
any time for sufficient reason order that any particular fact or facts
shall be proved by affidavit, or that the affidavit of any witness shall
be read at the hearing, on such conditions as the Tribunal thinks
reasonable:
PROVIDED that after
filing of the affidavits by the respective parties where it appears to the
Tribunal that either the applicant or the defendant desires the production
of a witness for cross examination and that such witness can be produced
and it is necessary to do so, the Tribunal shall for sufficient reasons to
be recorded, order the witness to be present for cross examination, and in
the event of the witness not appearing for cross examination, then, the
affidavit shall not be taken into evidence and further that no oral
evidence other than that given in this proviso will be permitted.
(7) If the defendant
denies his liability to pay the claim made by the applicant, the Tribunal
may act upon the affidavit of the applicant who is acquainted with the
facts of the case or who has on verification of the record sworn the
affidavit in respect of the contents of application and the documents as
evidence.
(8) Provisions contained
in section 4 of the Banker's Books Evidence Act, 1891 (18 of 1891) shall
apply to a certified copy of an entry in a banker's book furnished along
with the application filed under sub-section (1) of section 19 by the
applicant.
13. Date and place of hearing to be notified
(1) The Tribunal shall
notify the parties the date and place of hearing of the application in
such a manner as the Presiding Officer may by general or special order
direct.
14. Order to be signed and dated
(1) Every order of the
Tribunal shall be in writing and shall be signed and dated by the
Presiding Officer of the Tribunal.
(2) The order shall be
pronounced in open court.
15. Publication of orders
Any orders of the
Tribunal as are deemed fit for publication in any authoritative report or
the press may be released for such publication on such terms and
conditions as the Tribunal may lay down.
15A. Publication of names of the Defaulters
The Tribunal may cause
to notify the names of the defaulters in the newspaper or otherwise after
the final order/recovery certificate has been passed by the Tribunal as it
deems fit and proper.
16. Communication or orders to parties
Every order passed on an
application shall be communicated to the applicant and to the defendant
either in person or by registered post free of cost.
17. Fee for inspection of records and obtaining copies
thereof
(1) A fee of rupees
twenty for every hour or part thereof of inspection subject to a minimum
of rupees one hundred shall be charged for inspecting the record of a each
pending application by party thereto.
(2) A fee of rupees five
for a folio or part thereof involving typing and a fee of rupees ten for
a folio or part thereof involving typing of statement and figures shall be
charged.
18. Orders and directions in certain cases
The Tribunal may make
such orders to give such decision as may be necessary or expedient to
give effect to its orders or to prevent abuse of its process or to secure
the ends of justice.
19. Working hours of the Tribunal
Except on Saturdays,
Sundays and other public holidays, the offices of the Tribunal shall,
subject to any order made by the Presiding Officer, remain open daily from
10 a.m. to 6.00 p.m. but no work, unless, of an urgent nature, shall be
admitted after 4.30 p.m. on any working day.
20. Sitting hours of the Tribunal
The sitting hours of the
Tribunal (including a vacation bench), shall ordinarily be from 10.30 a.m.
to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by
Presiding Officer.
21. Holiday
Where the last day for
doing any act falls on a day which the office of the Tribunal is closed
and by reason thereof the act cannot be done on that day, it may be done
on the next day on which that office opens.
22. Powers and functions of the Registrar
(1) The Registrar shall
have the custody of the records of the Tribunal and shall exercise such
other functions as are assigned to him under these rules or by the
Presiding Officer by a separate order in writing.
(2) The official seal
shall be kept in the custody of the Registrar.
(3) Subject to any
general or special direction by the Presiding Officer, the seal of the
Tribunal shall not be affixed to any order, summons or other process save
under the authority in writing from the Registrar.
(4) The seal of the
Tribunal shall not affixed to any certified copy issued by the Tribunal
save under the authority in writing of the Registrar.
23. Additional powers and duties of Registrar
In addition to the
powers conferred elsewhere in these rules, the Registrar shall have the
following powers and duties subject to any general or special order of the
Presiding Officer, namely,--
(i) to receive
all applications and other documents including transferred applications,
(ii) to decide all
questions arising out of the scrutiny of the applications before they are
registered;
(iii) to require
any application presented to the Tribunal to be amended in accordance with
the rules;
(iv) subject to the
direction of the Presiding Officer, to fix date of hearing of the
application or other proceedings and issue notice thereof;
(v) direct any
formal amendment of records;
(vi) to order grant
of copies of documents to parties to proceedings;
(vii) to grant leave
to inspect other records of Tribunal;
(viii) dispose of
all matters relying to the service of notices or other processes,
application for the issue of fresh notices or for extending the time for
or ordering a particular method of service on a defendant including a
substituted service by publication of the notice by way of advertisements
in the newspapers;
(ix) to requisition
records from the custody or any court or other authority.
23A. Functions of Assistant Registrar
The Assistant Registrar
of the Tribunal shall assist the Registrar in the work relating to the
Registry and Administration of the Tribunal and perform such other
functions assigned/delegated to him by the Presiding Officer.
24. Seal and emblem
The official seal and
emblem of the Tribunal shall be such as the Central Government may
specify.
FORM-I
(Rule 4)
APPLICATION UNDER
SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL
INSTITUTIONS ACT, 1993
For use in Tribunal's office.........................................
Date of
filing.................................................................
Date of receipt by post ...............................................
or
Registration No
............................................................
Signature
Registrar
In the Debts
Recovery Tribunal
(Name of the place )
Between
A B
Applicant
and
C D
Defendant
DETAILS OF APPLICATION:
1. Particulars of the applicant:
(i) Name of the applicant:
(ii) Address of registered office:
(iii) Address for service of all notices
2. Particulars of the defendant
(i) Name of the defendant:
(ii) Office address of the defendant
(iii) Address for service of all notices
3. Jurisdiction of the Tribunal:
The applicant declares
that the subject matter of the recovery of debt due falls within the
jurisdiction of the Tribunal.
4. Limitation:
The applicant further
declares that the application is within the limitation prescribed in
Section 24 of the Recovery of Debts to Banks and Financial Institutions
Act, 1993
5. Facts of the case:
The facts of the case are given below:
(Give here a concise
statement of facts in a chronological order, each paragraph containing as
nearly as possible a separate issue, fact or otherwise)
6. Relief(s) sought:
In view of the facts
mentioned in para 5 above, the applicant prays for the following relief(s)--
(Specify below the
relief(s) sought explaining the ground for relief (s) and the legal
provisions (if any) relied upon).
7. Interim order, if prayed for:
Pending final decision
on the application, the applicant seeks issue of the following interim
order:
(Give here the nature of
the interim order prayed for with reasons).
8. Matter not pending with any other court, etc.:
The applicant further
declares that the matter regarding which the application has been made is
not pending before any court of law or any other authority or any other
Bench of the Tribunal.
9. Particulars of bank draft/postal order in respect of the application
fee:
(1) Name of the bank on
which drawn:
(2) Demand draft no:
or
(1) Number of Indian
Postal Order(s):
(2) Name of the issuing
post office:
(3) Date of issue of
postal order (s);
(4) Post office at which
payable:
10. Details of index:
An index in duplicate
containing the details of the documents to be relied upon is enclosed.
11. List of enclosures:
VERIFICATION
I........................son/daughter/wife of Shri......................being
the .................(Name in full and block letters) (designation)
of............ (name of the company) holding a valid
power of attorney from..............(name of the company) do hereby verify
that the contents of paras 1 to 11 are true to my personal knowledge and
belief and that I have not suppressed any material facts.
Signature of
the applicant.
Place:
Date:
To
The Registrar,
..........................................
..........................................
FORM II
(Refer rule 4)
APPLICATION UNDER
SECTION 31-A OF THE RECOVERY OF DEBTS DUE
TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993
Four use of Tribunal's
office ......................
Date of
filing .......................
Date of receipt by
post .......................
Or
Registration
No. .....................
Signature
Registrar
IN THE DEBTS RECOVERY
TRIBUNAL
....................................................
(name of place)
Between
........................ Application(s)/Judgment-Creditor(s)
and
........................Defendant(s)/Judgment-Debtor(s)
I. Particulars of the Applicant(s)
(i) Name of the
applicant:
(ii) Address of the
Registered Office:
(iii) Address for
service of all notices:
II. Particulars of the defendant(s)
(i) Name of the
defendant:
(ii) Office address of
the defendant:
(iii) Address for
service of all notices:
III. Jurisdiction of the Tribunal:
The applicant declares
that the subject matter of the application falls within the jurisdiction
of the Tribunal.
(IV) Limitation:
The applicant further
declares that the application is within the limitation prescribed in
section 24 of the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993.
(V) Facts of the case:
(give here a concise
statement of facts in a chronological order, each paragraph containing as
nearly as possible a separate issue, facts or otherwise)
(VI) Relief prayed for:
(I) Issue of
Recovery Certificate for the recovery of a sum of Rs. ......... (Rupees
............. only) inclusive a sum of Rs. ............... (Rupees
.......... only) as per the decree in O.S. No. ......... dated ..........
passed by ............. with interest at the rate of .........% from
......... the date of realization with costs.
(II) Any
other relief.
(VII) Matter not pending
with any other Court, etc.:
The applicant further
declares that the matter regarding which this appeal has been made is not
pending before any Court of law or any other authority or any other
Tribunal(s).
(VIII) List of enclosures:
(a) Copy of the
decree passed by the Court on the basis of which the present application
is filed.
(b) List of
hypothecated movables indicating the place in which they are kept.
(c) List of
mortgaged immovables.
(d) Calculations
Sheet showing the amount for which the Recovery Certificate is sought to
be issued.
VERIFICATION
I
........................... (name in full block letters) son/daughter/wife
of ................... being the ........................... (designation)
of ..................... (Name of Bank/Financial Institution), do hereby
verify that the contents of para I to VIII are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).
Signature of the
applicant
Place :
Date :
To
Registrar
Debts Recovery Tribunal
...........................................
FORM III
(Refer rule 4)
Appeal under section
30(1) of The Recovery of Debts Due to Banks and Financial Institutions
Act, 1993 (51 of 1993)
For use of Tribunal's
office ......................
Date of
filing ......................
Date of Receipt by
post ......................
Or
Registration
No. ......................
Signature
Registrar
IN THE DEBTS RECOVERY
TRIBUNAL
..................................
(name of place)
Between
................................ Appellant(s)/Judgment-Creditor(s)
and
.............................. Respondent(s)/Judgment-Debtor(s)
Details of appeal:
(I) Particulars of the Appellant(s)
(i) Name of the
appellant:
(ii) Address of the
Registered office of the appellant:
(iii) Address for
service of all notices:
(II) Particulars of the respondent(s):
(i) Name(s) of
respondent:
(ii) Office address of
the respondent:
(iii) Address for
service of all notices:
(III) Jurisdiction of the Tribunal:
The appellant declares
that the subject matter of the appeal falls within the jurisdiction of the
Tribunal.
(IV) Limitation:
The appellant declares
that the appeal is within the limitation as prescribed in section 30(1) of
the Recovery of Debts Due to Banks and Financial Institutions Act, 1993
(51 of 1993).
(V) Facts of the case:
(give here a concise
statement of facts and grounds of appeal against the specific order of
Recovery Officer, in a chronological order)
(VI) Relief(s) sought:
In view of the facts
mentioned in paragraph V above, the appellant prays for the following
relief(s).
(Specify below the
relief(s) sought explaining the grounds of relief(s) and the legal
provisions (if any) relied upon).
VII. Interim order, if prayed for--
Pending final decision
on the appeal the appellant seeks issue of the following interim order:
(Give here the nature of
the interim order prayed for with reasons)
(VIII) Matter not pening with any other Court, etc.:
The appellant further
declares that the matter regarding which this appeal has been made is not
pending before any Court of law or any other authority or any other
Tribunal(s).
(IX) Details of index - An index in duplicate containing the details of
the documents to be relied upon is enclosed.
(X) List of enclosures:
VERIFICATION
I ...................
(name in full block letters) son/daughter/wife of ..................
holding a valid power of attorney from ..................... (Name of the
company) do hereby verify that the contents of para I to IX are true to my
personal knowledge and belief and that I have not suppressed any material
fact(s).
Signature of the
applicant
Place :
Date :
To
Registrar
Debts Recovery Tribunal
