In exercise of the powers
conferred by sub-sections(l) 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)
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.
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.
(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.
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.
(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.
(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.
(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.
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.
(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
|
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. 12 000/-
|
|
|
(ii)
Rs. 10 lakhs or more but less
than Rs. 30 lakhs
(iii)
Rs. 30 lakhs or more
|
Rs. 20 000/-
Rs. 30 000
|
|
6.
|
Vakalatnama
|
Rs. 5/-
|
(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.
(1) An application under section 19 or section 31-A shall be
accompanied by a paper book containing,--
(1)
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.
[x x x]
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.
(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 T ribunal 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.
(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.
(1)
Every order of the T ribunal
shall be in writing and shall be signed and dated by the Presiding Officer of
the T ribunal.
(2)
The order shall be pronounced in
open court.
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.
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.
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.
(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.
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.
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.
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.
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.
(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.
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.
The Assistant Registrar of the T ribunal 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.
The official seal and emblem of the Tribunal shall be such as the
Central Government may specify.
(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
3.
Address for service of all
notices 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,
(Refer rule 4)
APPLICATION UNDER SECTION 31-A OF THE RECOVERY OF DEBTS DUE TO
BANKS AND FINANCIAL INSTITUTIONS ACT, 1993
Four use of T ribunal's office ...........................
Date of filing .............................
Date of receipt by post .............................
Or
Registration No. ..........................
Signature Registrar
IN THE DEBTS RECOVERY TRIBUNAL
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 T ribunal(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
(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 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 T ribunal(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
