DRT Original Application (Section 19) filing checklist
Use this before filing a recovery application in the Debts Recovery Tribunal.
Key time limits
| Limitation for recovery of a debt | Generally 3 years from default or the last acknowledgement; check the facts |
|---|
Jurisdiction
- The debt is at least the notified pecuniary limit for the DRT (currently ₹20 lakh).
- The applicant is a bank or financial institution covered by the RDB Act.
- The DRT chosen has territorial jurisdiction: where the defendant resides or works, or where the cause of action arose, or where the applicant's branch maintaining the account is.
Limitation and authority
- The date of default and every written acknowledgement or part payment that extends limitation are identified.
- Board resolution or power of attorney authorising the officer who signs and verifies the application.
Documents
- Sanction letter, loan agreement, demand promissory note, guarantees and security documents.
- Statement of account certified under the Bankers' Books Evidence Act.
- Recall or demand notices and proof of service.
- Details of the secured assets and of other assets of the defendants, if known.
- Index, list of dates, and copies for each defendant.
Filing
- Application in the prescribed form, with the claim calculated up to the filing date and interest claimed.
- Court fee as per Rule 7 of the DRT (Procedure) Rules, 1993, at the current scale.
- Interim relief prayed for, if needed (attachment, injunction against transfer).
Sources: Recovery of Debts and Bankruptcy Act, 1993: Sections 1(4), 19; Debts Recovery Tribunal (Procedure) Rules, 1993: Rule 7; Limitation Act, 1963. A practice aid, not legal advice: check the current law and the facts of each case.