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What is the time limit for filing an appeal before DRAT as against an order passed in DRT? Under sub-section (3) of section 20, of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, an Appeal has to be filed within 45 days from the date on which a copy of the order aggrieved has been passed or deemed to have been passed by the Tribunal is received. Is it possible to prefer an appeal after the period of limitation prescribed in the Act? Yes. Appeals filed after the expiry of the limitation period as contained under Sub section (3) of section 20 of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, should be accompanied by a petition to condone the delay with requisite fee, which will be considered first by the Tribunal before the main appeal is taken up. Is it possible to file an appeal in DRAT against an interim order passed in a Main Application (OA) pending before DRT? Yes. Section 20 of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, provides for the same. Can an application for transferring a case from one DRT to another be filed in DRAT? Yes. Under Section 17-A of the The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Chairperson of Appellate Tribunal may transfer any case from one tribunal to another depending on the merits of the case within jurisdiction of Appellate Tribunal, if an application seeking transfer is filed. Is it possible to file an appeal in DRAT without payment of court fee? No. There is no provision to dispense with payment of court fee for any appeal filed under The Recovery of Debts Due to banks and Financial Institutions Act, 1993. Court fee is payable as per Rule (8) of the DRAT (Procedure) Rules. What is the value of the Appeal for the purposes of payment of Court fee or pre- deposit under S-21 of the Act? The value of the appeal as per Rule 8(2) & 9 of DRAT (Procedure) Rules there in, is the suit claim allowed + interest payable on the suit claim as determined by DRT under S-19 of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Is there any provision to file a caveat application in DRAT, Chennai? There is no provision. What is the format for filing appeal in DRAT? Format is annexed to Rule 5 of DRAT (Procedure) Rules What is the procedure for obtaining a Certified copy of the order passed in DRAT? Counsels for the appellants & respondents in an appeal can apply in the prescribed form for a certified copy of an order passed by DRAT along with a fee of Rs. 5/- per page. Can an application be filed for restoring an appeal dismissed for default by the Chairperson, DRAT? Yes. Under Section 22(2) of the RDDBFI Act, DRAT has the same power as that of civil courts in respect of the matters mentioned therein. What is the fee payable for filing an IA in an appeal in DRAT-Chennai? Fee payable for filing an IA before DRAT-Chennai is same as that of fee payable for IA before DRT under Rule 7 of DRT (Procedure) Rules. Whether any appeal would come before DRAT against the order passed by Recovery officer? No. As per Section-20 of the RDDBFI Act an appeal will lie only against the order passed by P.O of the Tribunal. An appeal against the order of Recovery officer lies before P.O concerned according to Sec. 30.
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