Multiple Reliefs in DRT IA: Permissible or Not?

In the complex world of debt recovery proceedings in India, borrowers and creditors often face procedural hurdles when challenging or enforcing rights under the SARFAESI Act, 2002, or the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act). A common question arises: Multiple reliefs can be asked in I.A filed before DRT? The short answer is yes—generally, the Debt Recovery Tribunal (DRT) can entertain multiple reliefs in a single Interlocutory Application (IA), provided they align with its jurisdiction and statutory framework. This blog post dives deep into the legal position, supported by key judgments and practical insights.

Whether you're a borrower contesting possession notices or a bank seeking recovery and injunctions, understanding this can streamline your strategy. Note: This is general information based on judicial precedents and not specific legal advice. Consult a qualified lawyer for your case.

Main Legal Finding: Yes, Multiple Reliefs Are Permissible

The DRT has broad authority to adjudicate interconnected reliefs related to debt recovery, possession of secured assets, and ancillary matters. Multiple reliefs in a single IA—or even across applications—are allowed if they pertain to the same subject matter and fall within the DRT's jurisdiction. This flexibility ensures efficient resolution without multiplicity of proceedings.

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

Key judicial affirmations include:- The DRT can consider all measures taken by the secured creditor collectively, such as recovery and possession, in one go.

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

As the Supreme Court observed, the DRT must examine all measures taken by the secured creditor collectively, promoting holistic justice. 2025 0 Supreme(MP) 365

Authority of DRT to Handle Multiple Reliefs

Scope Under SARFAESI and RDB Act

Under Section 17 of the SARFAESI Act, aggrieved parties can challenge measures like asset possession or sale. The RDB Act empowers DRTs via Section 19 for recovery applications. There's no statutory bar on bundling reliefs like:- Recovery of dues- Possession of secured assets- Injunctions against further actions- Declarations on security interests

The judgment in

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

In practice, parties file IAs seeking recovery, possession, and stays simultaneously. Courts uphold this unless it abuses process. 2006 9 Supreme 425

Interlocutory Applications (IAs): Flexibility in Practice

IAs under DRT rules allow interim reliefs without restricting multiplicity. For instance, a bank might seek attachment, injunction, and recovery in one IA. Borrowers can counter with stays, set-asides, and damages claims if linked to recovery. The law supports this unless explicitly barred by statute.

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

A related case highlights procedural efficiency: In proceedings before DRT Guwahati, an Original Application (OA) under Section 19 of the RDB Act encompassed multiple claims by the bank. 2025 0 Supreme(Cal) 877

Jurisdiction Limits: DRT vs. Civil Courts

While DRTs excel in recovery matters, boundaries exist. Civil courts' jurisdiction is barred only for recovery applications by banks or financial institutions. Independent claims like pure damages or declarations may go to civil courts. 2017 7 Supreme 606

The Supreme Court clarified: Civil courts retain jurisdiction over suits for damages or declarations unrelated to recovery. 2017 7 Supreme 606

In one instance, a plaintiff alleging fraud in loan documents filed both a civil suit and SARFAESI application before DRT. The court ruled the suit not maintainable as it overlapped with DRT cognizance under SARFAESI, stressing no simultaneous pursuit. The plaintiff cannot simultaneously pursue the present suit as well as the remedy under Section 17 of the SARFAESI Act.2022 0 Supreme(Del) 403

This reinforces channeling recovery-linked reliefs to DRT, allowing multiples there while reserving exclusives for civil forums.

Exceptions and Limitations

Not all reliefs qualify. Key caveats:- Purely declaratory reliefs unrelated to recovery or security enforcement are typically outside DRT scope.

Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

Adnan Chara VS Farhat Adnan

In a DRT-related writ, the court directed scrutiny of Presiding Officer conduct but upheld DRT's core processes. 2024 0 Supreme(All) 1719

Practical Implications and Recommendations

Parties routinely consolidate reliefs in IAs for efficiency:- Banks: File for recovery, possession, and anti-encumbrance injunctions.- Borrowers: Seek stays, quashing of notices, and compensation in one IA.

Tips for Success:1. Clearly specify each relief and link to jurisdiction.2. Review precedents: Cite 2025 0 Supreme(MP) 365 for collective examination.3. Avoid overlaps: Route non-recovery claims to civil courts to dodge bars. 2017 7 Supreme 6064. Structure applications: Use affidavits and evidence for interconnected claims. 2006 9 Supreme 425

In a bank recovery scenario, collateral visits and consent knowledge were factored into DRT proceedings, showing holistic review. 2022 0 Supreme(Del) 403

Key Takeaways

• Multiple reliefs in DRT IAs are generally permissible if jurisdictional and procedural.

  Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

  2025 0 Supreme(MP) 365
• DRT prioritizes collective adjudication for efficiency.
• Watch civil court bars for recovery matters. 2017 7 Supreme 606
• Tailor applications to avoid rejections.

Navigating DRT requires precision. While precedents favor flexibility, case-specific nuances matter. For tailored guidance, engage a specialist in banking and insolvency law.

Disclaimer: This post summarizes judicial trends and is for informational purposes only. Laws evolve, and outcomes depend on facts. Seek professional advice.

References

1. Rentworks India Pvt. Ltd. VS Small Industries Development Bank of India - Dishonour Of Cheque (2014)

   : DRT considers measures collectively.
2. 2025 0 Supreme(MP) 365: Supreme Court on comprehensive DRT examination.
3. 2017 7 Supreme 606: Civil court jurisdiction limits.
4. 2006 9 Supreme 425: Non-exclusive reliefs upheld.
5. 2022 0 Supreme(Del) 403: Bar on parallel civil suits.
6. 2025 0 Supreme(Cal) 877: OA practices in DRT.