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THE DEBTS RECOVERY
APPELLATE TRIBUNAL << CHENNAI>> REGULATIONS, 2015 WHEREAS the Recovery of Debts Due
to Banks and Financial Institutions Act, 1993 (51 of 1993) came into force on
24th day of June, 1993; AND WHEREAS the Central Government has established the Debts Recovery
Appellate Tribunal at <<Chennai>> under section 8 of the said Act
to exercise the jurisdiction, power and authority conferred on such Tribunal
by or under the said Act; AND WHEREAS section 22 of the said Act
empowers the Appellate Tribunal to regulate its own procedure for the
purposes of discharging its functions under the said Act; NOW, THEREFORE, in exercise of the powers
conferred by sub-section (1) of section 22 of the said Act, the Debts
Recovery Appellate Tribunal at (Chennai), in supersession of the earlier regulations, if any, hereby
makes the following regulations to regulate its own procedure. CHAPTER – I PRELIMINARY 1. Short title and commencement (1) These Regulations may be
called the Debt Recovery Appellate
Tribunal <<Chennai>> Regulations, 2015. (2) They shall come into force
from the date of its notification by the Chairperson of the Appellate
Tribunal. 2. Definitions (1) In these Regulations, (a) ‘Act’ means the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; (b) ‘Act of (c) ‘appeal’ means an appeal filed under section 20 of the Act or under
section 18 of the Act of 2002; (d) ‘I.A.’ means an interlocutory application filed during the pendency of
an appeal or Misc. Application; (e) ‘Misc. Application’ means an application filed under clause (e) or
(h) of sub-section (2) of section 22 of the Act; (f) ‘order sheet’ means
the daily recording of the proceedings in
an appeal or Misc. Application; (g) ‘Rules’ means the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994; (2) Words and expressions used
but not defined in these Regulations shall have the same meaning as are
assigned to them in the Act, Act of 2002 or the Rules. CHAPTER –II APPEAL 3. Form of Appeal (1) The memorandum of appeal, Misc. Application, I.A. and affidavit
shall be typed or printed in English in ‘Times New Roman’ font in size 13 or
in Hindi with double space between the lines, on legal size paper (A3) with a
left margin of (2) The paper book shall be
arranged in the following manner:- (a)
Index of the papers in Form-1
of
these Regulations, (b) List of dates and events, (c) Memorandum of parties, (d) Memorandum of appeal, (e) Original/attested copies of
documents, (f) Power of Attorney, Board
resolution or letter of authorisation, if any, (g) Vakalatnama. Any IA to
the appeal to be filed separately (Petition/Affidavit format) (3) No plural reliefs shall be sought for in an I.A. unless they are
consequential to each other. (4) Small or torn documents shall be pasted on a
paper equal to the size of the paper book. 4. Signature of the party The name of the person
signing, digital signing, e.signing the memorandum
of appeal shall be written in capital letters with date below his signature
at the bottom of each page. Explanation:- The expression ‘signature’
includes a ‘thumb impression’, digital signature or e signature. 5. Attestation of copy The copy of the document filed by
the party shall be made at the end of the Annexure in the manner that ‘This Annexure is a true copy of the
original document. Signature with date.’ 6. Production of resolution
or authorization A person purporting to represent a
Company, Trust, Society or Association in an appeal or Misc. Application
shall file an attested copy of the Board’s resolution of such Company or the
authorisation from the Trust, Society or Association, as the case may be, in
his favour. 7. Appearance through
Counsel (1) Whenever a respondent appears through a Counsel, a Vakalatnama
shall be filed describing the Counsel’s name, enrolment number, mobile/land
line phone number and complete address of his office. (2) A Counsel appearing for a
party without filing the Vakalatnama shall file a memo of appearance for the day
with the details as per sub-regulation (1) above. (3) A respondent appearing in
person shall file his memo of address, mobile/land line phone number and
e-mail address, if any. CHAPTER – III INSTITUTION AND SCRUTINY OF APPEAL 8. Presentation of Appeal (1) Every appeal shall
be presented in accordance with rule 5 of the Rules before (2)
The appeal can also be filed by e filing mode. 9. Scrutiny (1) The Registrar or, as the
case may be, the officer authorised by him shall scrutinize the appeal as
expeditiously as possible but not later than seven working days from the date
of receipt. In case the scrutiny is not completed within such period, the
Registrar shall ensure to get the scrutiny completed within the next three
working days. The scrutiny report shall be given in accordance with Form-2 of these Regulations. (2) After the scrutiny, an
endorsement shall be made in the manner that ‘Scrutinized and found to be in
order/defective’ with signature and date. (3 (3) If, on scrutiny, the
appeal is found to be defective and the defect noticed is not formal, the
appellant shall be asked to remove the defect within fifteen days, which may
be extended for a total period not exceeding one month. (4) On failure to remove the
defect within such period as specified in sub-regulation (3), the Registrar
may, for reasons to be recorded in writing, decline to register the appeal. 10. Interlineations Interlineations, erasures or
corrections in the memorandum of appeal or Misc. Application shall be initialed by the party or his Counsel. 11. Order sheet The presence of the counsel or the
party shall be recorded in the order sheet and progress of case be recorded. CHAPTER – IV PROCEEDINGS BEFORE REGISTRAR 12. Matters before the
Registrar The appeal shall, after the
registration, be placed before the Registrar for listing before the
Chairperson. 13. Daily Cause List (Daily
Board) of the Registrar The matters to be dealt with by the
Registrar shall be notified in the Daily Cause List (Daily Board) and shall
be displayed on the Notice Board of the Tribunal at least one day in advance. CHAPTER – V SERVICE OF NOTICE, INSPECTION, AND AMENDMENT 14. Service of notice (1) The Registrar, or the
officer authorized in this behalf by the Registrar, shall prepare the notice
of appeal in Form-3 and notice of
Misc. Application in Form-6 and
sign it with date and stamp of the Appellate Tribunal and may allow it to be
served by the appellant or the applicant for service upon the respondent
along with complete paper book. (3 (2) The service of notice
may ordinarily be made Dasti, i.e. by delivering or tendering personally or
by transmitting through registered post acknowledgement due (AD) or by speed
post or courier service. It may also be sent by electronic mail (e-mail) or
by fax message with the leave of the Registrar who, in such event, the
Registrar shall ensure the service of paper book upon the respondent on the
date of his first appearance. Affidavit of service along with proof of
service shall be filed by the person effecting such
service. Explanation: Service includes service effected on any adult member of the family, who is
residing with the respondent. (4) Where the notice is to
be served upon a company, corporation or firm, it may be served upon the
Secretary, Director or other principal officer of the company or corporation
at its registered office or upon the proprietor/partner of the firm at the
address of the firm. (5 (5) Where the notice is
received back with an endorsement, purporting to have been made by a postal
employee or by a person authorized
by the courier service, to the effect that the addressee had refused to accept the notice, the
Tribunal may declare that it had been duly served: Provided that where the notice was correctly addressed and duly sent by
registered post A.D and an affidavit regarding correctness of the address and
evidence of posting has been given by the appellant/applicant, the
declaration referred to in this sub-regulation may be made notwithstanding
the fact that the acknowledgement having been lost or mislaid or, for any
reason, has not been received back within thirty days from the date of issue. (6) Where the notice was sent by
e-mail or fax message at the correct address and an affidavit regarding
correctness of address and evidence of the delivery has been given by the
appellant/applicant, the Tribunal may declare that it had been duly served. (7 (7) Where the notice is
received un-served, the appellant/applicant shall take fresh steps for its
service upon the respondent within fifteen days from the date of such receipt
or within such period as the Chairperson may direct. (8) Where a counsel accepts
the notice on behalf of any respondent and undertakes to file the Vakalatnama on
his behalf, service of notice upon such respondent shall be dispensed with. 15. Substituted service (1)
Where the respondent refuses to sign the acknowledgement or is absent
from his residence/office at the time when service of notice is sought to be
effected on him, the notice shall be affixed on the outer door or some other
conspicuous part of his residence/office. (2
(2) Where the Tribunal is
satisfied that there is reason to believe that a respondent is avoiding
service, it may order the notice to be served by affixing a copy thereof on
some conspicuous part of the house in which such respondent is known to have
last resided.
(3) Where the service of notice
could not be effected as per regulation 14, the
Tribunal may order its service by publication in a daily newspaper having
circulation in the locality in which the respondent is known to have last
resided or carried on business or personally worked for gain. 16. Inspection of record (1) The record of an appeal
may, with the leave of the Registrar, be inspected by a party thereto by
making an application to him in Form-8.
The Registrar may reject such application by recording reasons for it. (2) Inspection of record of a
pending or decided appeal shall not be permitted to a third party: Provided that if the Registrar, on affidavit or otherwise, is satisfied
that sufficient reasons exist therefore, he may permit such party to inspect
the record. (3) The inspection shall
preferably be made between (3 (4) The
person inspecting the record shall not in any manner cause any dislocation,
mutilation, damage or tampering with the record and shall not write or make
any marking on any paper of the record. (5) No inspection shall be
allowed to any counsel who is not engaged by a party to the appeal. (5 (6) The Registrar or the
officer authorised by him shall, after the inspection is made/completed, keep
the application referred to in sub-regulation (1) in the concerned file and
the fact of inspection shall be noted at the margin of the order sheet. 17. Incorporation of
amendment or addition of parties A Amendment in the memorandum of
appeal, addition/deletion of a party or substitution of legal
representative/assignee shall, if allowed by the Appellate Tribunal, be
carried out by filing the amended memorandum of appeal or parties within
seven days from the date of order or within such period as may be allowed by
the Appellate Tribunal. The amended pleadings/ Memo of Parties shall be
placed by the Registrar on the first page of the pleadings. A copy of the
amended memorandum of appeal or parties shall be supplied to the other party. 18. Reply The reply to an appeal
shall be filed with a list of documents, if any, relied upon by the
respondent in support of his defence. CHAPTER - VI JUDGMENT 19. Judgment (1) The judgment/order shall
be pronounced in the open court on the date notified for it and shall bear
the signature/initial of the Chairperson on every page thereof. (2) If the Chairperson is
discharging his functions at two or more places, the order may be pronounced
at any of such places. (3) The Court Master shall,
after the pronouncement of judgment/order, transmit the record to the
Registry. CHAPTER – VII RECORDS 20. Maintenance of Record The record of every appeal shall be
maintained in the files, as under: (1) File ‘A’ consisting of following papers
shall be arranged in the following order: (a) Order sheet and Judgment/Order; (b) Memorandum of Parties; (c) Memorandum of Appeal; (d) Reply of appeal; (e) Board Resolution,
Power of Attorney or letter of authorization,
if any. (2) File ‘B’ consisting of following papers
shall be arranged in the
following order:
(a) Notice served personally upon the respondent; (b) Application of
compromise/One Time Settlement (OTS),
if any; (c) Vakalatnama. (3) File ‘C’ consisting of following papers
shall be arranged in the following order: (a) I.A. with affidavit
and its Annexure; (b) Reply of I.A. with
affidavit and its Annexure; (d) Index. (4 (4) File
‘D’ shall contain all other documents which are not included in File ‘A’, ‘B’ or ‘C’. 21. Preservation and
Destruction of Records (1) The following files shall
be preserved/destroyed as under: (i)
File ‘A’ shall be preserved permanently; (ii) File ‘B’ shall be
destroyed on the expiry of five years; (iii) File ‘C’ shall be
destroyed on the expiry of three years; (iv) File ‘D’ shall be
destroyed on the expiry of one year. (2) It shall be the duty of
the officer in-charge of the record to cause the destruction of record. (4 (3) The destruction of
record shall be affected by tearing the papers into four pieces or by means
of a paper shredder. (5) The following registers,
book, file and list are classified as under for the purpose of preservation
and destruction,:
(6) The following records
shall be destroyed after a period of three years: (i) Post
Books (Tapal Books), (ii) Receipts of Registered letters
and Money-orders, (iii) Attendance Register. 22. Transmission of Records (1) The record of all appeals decided during a month shall be transmitted
to the Record Room along with its list on or before 25th day of
the next month. (2) On receipt of the record,
the Officer in-charge of the records shall, after verification, acknowledge
the receipt. (3) The Officer in-charge shall
examine the record with the general index and, if in order, make a note to
that effect in the index. In case of any defect, it shall be reported to the
Section Officer, who shall get it removed. (4) The record shall be kept in bundles according to their serial
numbers in the list. A label showing
the month and year of the decision shall be attached to each bundle. CHAPTER – VIII CERTIFIED COPY AND FREE
COPY 23. Certified Copy (1) Any party to
an appeal or his Counsel shall, in order to obtain a certified copy of the
record, make an application to the Registrar in Form-12 with prescribed fee. (2) A tentative
date for the delivery of copy, which may not be later than fifteen days from
the date of receipt of the application, shall be intimated to the applicant.
If, for any reason, the copy may not be prepared by that date, it shall be
prepared within the next seven days. (2
(3) An application
for the copy by a person, other than a party to the appeal, shall be
supported by an affidavit stating the purpose for which the copy is sought.
The Registrar may, for sufficient reasons to be recorded in writing, reject
the application. (3 (4) Where the
applicant fails to collect the copy within one month from the date of its preparation, as
notified, the application shall stand lapsed. (5) An
endorsement, in Form-13,
shall be made on the application as well as on the back of the last page of
the copy of every document with the signature and stamp of the Section
Officer. 24. Mode of
delivery The officer concerned
shall deliver the copy to the applicant or his Counsel after obtaining his
signature in the concerned register and recording the date of delivery on the
copy and application. 25. Request for
copy by Post When the applicant
requests to have the certified copy sent to him by post, he shall deposit an
additional sum of Rs.50/- besides the requisite fee by way of IPO, DD or 26. Free
Copy Free copy of the order
passed on an appeal shall, as far as possible, be sent or delivered to the
parties within fifteen days from the date of order, in accordance with rule
20 of the Rules. If for any reason the order could not be so communicated to
the parties, it shall be ensured to be sent/delivered
within the next seven days. CHAPTER – IX MISCELLANEOUS 27. Stay Order (1) The Tribunal
shall enter the order staying the proceedings of a case received from the
Supreme Court or High Court in a Register, in Form-31. (2) The Registrar
shall ensure that the stay order is immediately brought to the notice of the Hon’ble Chairperson. 28. Disposal
Register The Court Master or any
other official authorised in this behalf shall maintain the Register of
disposal of cases in Form-32. X-------X-------X-------X-------X |
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FORM-1
[See
Regulation-3(2)]
Before the
DRAT Chennai
In the matter of:
Case No. ________________
_____________________________________________________
......(Applicant(s)
Versus
_____________________________________________________.......
Defendant(s)
INDEX
|
Sr. No. |
Particulars |
Page No. |
|
|
PART-A |
|
|
1. |
List of dates & events |
|
|
2. |
Plaint |
|
|
3. |
Reply/WS |
|
|
4. |
Rejoinder |
|
|
5. |
I.A. (Affidavit) |
|
|
6. |
Any other document |
|
|
|
PART-B |
|
|
1. |
Details of documents with Annexure marked |
|
|
2. |
Power of Attorney |
|
|
|
Board Resolution/Letter of Authorisation. |
|
|
|
PART-C |
|
|
1. |
Vakalatnama |
|
|
2. |
Service Reports etc. |
|
Applicant(s)
Through
Counsel
FORM NO.2
[See Regulation-9(1)]
CHECK
LIST
DEBT
RECOVERY APPELLATE TRIBUNAL AT CHENNAI
|
Regular
Appeal against OA |
IA
Misc |
Regular
Appeal against SA |
Appeal
No. |
|
|
|
|
|
(Part-A)
1. Diary No. :
_______________________________
2. Date of Presentation :
_______________________________
3. Presented by :
_______________________________
4. Whether Fresh or Transferred :
If Transferred then :
_______________________________
a) The name of transferring Court :
_______________________________
b) No. of case in transferring Court :
_______________________________
c) Date of Receipt in the Tribunal :
_______________________________
d) Whether the case has been correctly :
_______________________________
filed or file is to be returned. :
_______________________________
(Part-B)
1. a) Whether the Application/Appeal in prescribed form : Yes/No
b) Whether Addition/Correction in
the appeal :
Yes/No
has been
initiated.
c) Total Number of Sets in Paper Book Form :
in the title or not.
3. a) Whether the
Application/Appeal is duly signed & verified :Yes/No
b)
Whether the Annexure are duly signed and authenticated : Yes/No
c) Whether proper date
of filing is mentioned on Appeal, :
Yes/No
Vakalatnama etc.
d)
Whether Memo of address of the appellant is furnished : Yes/No
4. Language of Appeal whether English Or Hindi? :
English/Hindi (However
(If not in
Hindi Or English, then whether true true translation in
Translation
of the documents at Page number provided)
Hindi/English enclosed)
5. a) Whether Vakalatnama/Authority
Letter has been filed :
Yes/No
b) Whether Power of
Attorney/Letter of Authority for filing :
Yes/No
the
Application/Appeal has been filed.
Note :Strike out whichever is not applicable.
- 2 -
6. Whether the Application/Appeal is
within the limitation, :
Yes/No
If no, whether application for condonation of delay is filed?
7. a) Whether the General Index & list of documents been
signed : Yes/No.
b) Whether paging has
been properly done. :
Yes/No
8. a) Whether all the copies of documents has been filed : Yes/No
b) Whether all the annexures as per list of documents are : Yes/No
made available on
record.
c) Whether certified copy
of judgment & decree has been filed :
Yes/No.
d) Whether the
certified copy on which MA/Review/Appeal
: Yes/No.
has been
preferred is filed.
9. a) Whether copy of statement of accounts with requisite : Yes/No.
Certificate annexed to O.A.
b) Amount of claim as per application Rs.______________=
________
10. a) Appeal fee paid by Demand Draft or IPO/e-Payment DD/
(Check the number, Name of Bank/Post
Office ________ dt.________
Date, amount). For ____Rs._________
b) Whether fee is proper or not :
Yes/No.
c) Whether particulars of fee paid is
mentioned in : Yes/No.
11. Relief Sought :
As per para _____
12. Whether an Interim Relief is
claimed, if yes, : Yes/No.
Whether fee
thereon paid.
13. Whether sufficient number of file
sized envelopes, :
Yes/No
with
complete addresses of all the respondents have been filed.
14. a) Whether all documents are on full scape/legal
size/paper : Yes/No
If not, then whether pasted/affixed on full scape paper
with signatures of party submitting the application.
b) Whether legible
copies of documents filed. :
Yes/No.
15. Whether any document is torn/Mutilated (If yes, the description) : Yes/No.
Comply the objection No
. Sr.No._____________ on
before_____________________
Dated: (Signature of Checking ASS/UDC/LDC)
Note :Strike out whichever is not applicable.
FORM
NO.3
[See
Regulation-15 (1)(a)]
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
AIR/R.A./M.A./R.A.(SA)/M.A.(SA)
NO. __________ OF ________
____________________________ Appellant
(s)
Versus
_____________________________ Respondents
(s)
SUMMONS
WHEREAS the appellant has filed an appeal U/S 20 of
the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 / U/S
18 of the Securitisation & Reconstruction of Financial Assets &
Enforcement of Security Interest Act, 2002 against the order passed by the Hon’ble Presiding Officer, DRT and other reliefs.
You are hereby summoned to appear and file written statement before this
Tribunal at
2. A
copy of the appeal is enclosed herewith. The copies of the annexures
are also enclosed. You are directed to collect the annexure on your appearance
before the Tribunal.
3.
If
you intend to file any documents, you may file the same with a list along with
the written statement.
4.
You
should file your registered address and a memo of appearance when you enter
appearance before the Tribunal either in person or by a Pleader/Advocate duly
instructed.
5.
Take
notice that, in default of, your appearance on the day mentioned herein before,
the proceeding will be heard and determined in your absence.
Given under my hand and the seal of this Tribunal on
this ________ day of __________20 .
Signature of the Officer
Authorised to issue summons.
Note :Strike out whichever is not applicable.
FORM
NO.6
[See Regulation-15 (1)(d)]
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
AIR / MA / MA(SA) / RA / RA(SA) No. ________ OF ___________
Exh. No.
____________________________ AppELlant(s)
versus
_____________________________ Respondent(s)
notice
WHEREAS the appeal has been made to this Tribunal, the
copy of which is enclosed herewith.
This is to give you notice, as to why relief asked for should not be granted.
Take notice that the said appeal will be taken up for hearing by the Tribunal
at
2. You
are required to appear in person or by a Pleader/Advocate duly instructed at
the aforesaid time and file your reply, if any.
3. Take
notice that in default of, your appearance on the day mentioned herein before,
the proceeding will be heard and determined in your absence.
Given under my hand and the seal of this Tribunal on
this ________ day of __________20 .
Signature of the Officer
Authorised to issue summons.
Note : Strike out whichever is not applicable.
FORM NO.8
[See
Regulation-17(1)]
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
AIR/R.A/M.A./R.A.(SA)/M.A.(SA)
NO.________ OF ________
Petitioner/Appellant ………….
Vs.
Defendant/Respondent …….
APPLICATION FOR INSPECTION OF
DOCUMENTS/RECORD.
I hereby apply for
permission to inspect the documents/records in the above proceeding. The
details are as follows:-
1. Name
and address of the person :
seeking Inspection.
2. Whether
he is party to the proceeding. :
3. Details
of the papers/documents :
sought to be inspected.
4. Reason
for seeking the inspection. :
5. Date
and timing of the inspection sought :
6. Details
of DD/IPO. :
Signature of Applicant Or
his advocate on
record.
Place:
Date :
Note: If the Applicant is not a party to
the proceeding, the application shall be supported by affidavit.
Note : Strike out whichever is not applicable.
FORM NO. 12
[See Regulation 29(1)]
DEBT
RECOVERY APPELLATE TRIBUNAL AT CHENNAI
_______________________________________
_______________________________________
R.A./M.A./S.A. No. _________of _______
____________________ Petitioner/Appellant/Certificate
Holder
Versus
____________________
Defendant/Respondent/Certificate Debtor
APPLICATION FOR GRANT OF CERTIFIED COPY
1. Name
and address of the applicant :
2. Whether
applicant is party to the case :
if
not whether an affidavit is filed.
3. Whether
the case is pending/disposed :
4. Description
with date of documents :
of which copy is applied for.
5. Number
of copies required and nature :
of application.
6. Amount
of fees deposited :
7. Details
of postal orders :
8. Purpose
of certified copy required :
Place:
Date: Signature
of applicant
Note : If the applicant is not a party to the proceeding,
the application shall be supported by affidavit.
9. The
date given to the applicant for collection of copy:
Signature of applicant
10. Date,
Name & Signature of the person receiving the copy:
Signature of applicant
Note : Strike out whichever is not applicable..
FORM NO. 13
[See Regulation 29(5)]
ENDORSEMENT
ON APPLICATION & CERTIFIED COPY
1.
Sr.
No. of Application :
2.
Proceeding
No. :
3.
Name
of the appellant :
4.
Date
of presentation of application :
5.
Date
given to collect copy :
6.
Number
of pages :
7.
Copying
fee charges :
8.
Date
on which copy is ready :
9.
Date
of delivery :
(Signature
of S.O./Official authorised)
Note : Strike out whichever is not applicable..
FORM
NO.31
[See
Regulation 39(i)]
STAY
REGISTER OF O.A./T.O.A./M.A./R.A./APPEAL
|
Sr. No. |
Proceeding No. |
Name and address of the Appellant |
Name and address of the Respondent |
|
1 |
2 |
3 |
4 |
|
Amount of claim. |
Authority granting stay |
Particulars of stay |
Remarks |
|
5 |
6 |
7 |
8 |
FORM
NO.32
[See
Regulation 40(i)]
DISPOSAL
REGISTER
|
Sr. No. |
Case No. |
Title |
Amount of claim. |
|
1 |
2 |
3 |
4 |
|
Date of disposal |
Remarks |
|
5 |
6 |