Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Court Fee Refund Procedure - The applicant in the Original Application (OA) is responsible for paying court fees; refund is permissible only when the DRT permits withdrawal of the OA and fixes entitlement for refund through a judicial order. The DRT's permission, once granted, cannot be circumvented by insisting on a joint application for refund. ["2023 0 Supreme(Bom) 604"]
Order on Refund and Withdrawal - When the DRT, on application of mind, allows refund of court fees and fixes the entitlement, the Registrar cannot insist on a joint application for refund. This reading down of the Rule ensures that judicial orders are respected regarding refunds. ["2023 0 Supreme(Bom) 604"]
Proceedings and Refunds in Specific Cases - In cases where the DRT has directed refund of amounts deposited (e.g., Rs.25 Lakhs), and the respondent has not filed formal replies, the DRT's orders are to be believed and enforced, including refund directions. The petitioner’s willingness to return original documents is contingent upon the Bank returning the outstanding amount as ordered by the DRT/DRAT. ["2022 0 Supreme(Guj) 1480"], ["2022 0 Supreme(MP) 565"]
Legal Orders and Appellate Proceedings - Orders passed by the DRT, including dismissals of applications or amendments, are affirmed unless shown to be erroneous. Parties are directed to appear before the DRT on specified dates, with the courts emphasizing the need for reasoned orders that detail facts, issues, and submissions. ["2025 Supreme(Online)(DRAT) 455"], ["2023 0 Supreme(Bom) 126"]
RTI and Departmental Correspondence - RTI applications seeking information about DRT note sheets or observations are forwarded to the Department of Financial Services, as the original records remain with DRT. The process involves official note sheets and replies from the DFS, with no requirement for CPIO compilation. ["2025 Supreme(Online)(CIC) 3018"]
Legal Submissions and Pleadings - The Appellant's replies, affidavits, and pleadings in various proceedings (e.g., Section 7 applications, SARFAESI applications) are to be considered by the DRT during adjudication. Disputes regarding the correctness or completeness of pleadings are dismissed if procedural requirements are met. ["2022 Supreme(Online)(NCLAT) 211"]
Order and Reasoning in Recovery Cases - The DRT's orders, whether allowing or dismissing applications, must be reasoned and based on facts and submissions. Orders disallowing applications due to procedural or substantive reasons are upheld unless proven otherwise on appeal. ["2022 0 Supreme(Bom) 48"], ["2023 0 Supreme(Bom) 126"]
The format of reply to the original application in DRT involves strict adherence to procedural rules, especially regarding court fee payments and refunds, which are governed by judicial orders. Orders passed by the DRT must be reasoned, detailed, and based on the facts presented. Parties' submissions, pleadings, and affidavits are integral to the proceedings, and compliance with procedural requirements is essential for the validity of orders. RTI responses and departmental notes are managed through formal channels, and appellate forums uphold DRT decisions unless procedural or substantive errors are established.
Facing a summons from the () for an ()? One common query from defendants is: Need Format of Reply to the in . Responding correctly is crucial to mount a strong defense, avoid procedural pitfalls, and potentially raise . This guide breaks down the structure, requirements, and best practices based on legal precedents and procedural rules under the ().
We'll explore the nature of the reply, essential contents, timelines, and supporting affidavits, drawing from key judgments. Remember, this is general information—consult a legal expert for your specific case.
An is a petition filed by banks or financial institutions before the to recover debts exceeding Rs. 20 lakhs. It typically includes claims backed by loan agreements, notices under , and supporting documents. Upon service of summons, the defendant must file a reply, functioning as a that serves as a defense, similar to a plaint in a . 2022 0 Supreme(SC) 1140
This reply allows the Tribunal to adjudicate both the applicant's claim and the defendant's defenses or in one proceeding, promoting efficiency. 2022 0 Supreme(SC) 1140
The reply to an is not a mere response—it's a comprehensive defense akin to a . It enables the to issue a final order covering the original claim, , and . 2022 0 Supreme(SC) 1140 The must be precise, verified, and backed by documents to establish credibility.
Key characteristics:- Defensive Role: Addresses all allegations in the .- Offensive Potential: Includes under Section 19(6) or under . 2020 0 Supreme(SC) 609- Evidentiary Foundation: Supported by an and documents.
In practice, courts emphasize that the reply must afford the defendant a full opportunity to present their case. For instance, one order noted: the SA only after hearing the case of the petitioners by affording opportunity to make reply arguments in accordance with law within the time as framed by this Honourable Court. 2024 Supreme(Online)(KER) 45094
While no rigid template exists, the reply follows a structured format mirroring civil pleadings. It should be typed, paginated, and indexed for clarity.
The reply should be in the prescribed form per rules, supported by documentary evidence. 2022 0 Supreme(SC) 1140
Every reply must be verified by an sworn by the party or authorized representative, attesting to the truth of pleadings, documents, and evidence. 2022 0 Supreme(SC) 1140 This underscores authenticity and prevents frivolous defenses.
Sample Clause:
I, Name, do hereby verify that the contents of the above are true to my knowledge and belief, and nothing material has been concealed therefrom.
Unsupported pleadings risk rejection. 2022 0 Supreme(SC) 1140
Delays are frowned upon to expedite debt recovery. In one case, failure to appear led to hearings proceeding without the respondent. 2021 0 Supreme(Guj) 561
Procedure:- File originals with Registry.- Serve copy on applicant.- Pay court fees if exceed thresholds.
Raising or in the reply has the same effect as a , allowing holistic adjudication. 2022 0 Supreme(SC) 1140 Under :- Set-off (Sec 19(6)): Adjust debts mutually.- Counterclaim (Sec 19(8)): Independent claims for damages.
However, they must be pleaded with particulars and evidence. Tribunals won't entertain new claims later. In contexts, related SARFAESI challenges highlight the need for timely replies. 2019 0 Supreme(Ker) 1025
Judgments reinforce strict compliance:- Imperative: Unsupported replies may be disregarded. 2022 0 Supreme(SC) 1140- Timely Filing: Delays beyond 45 days rarely condoned. 2020 0 Supreme(SC) 609- Jurisdiction Matters: maintainable where arises, e.g., loan execution branch. 2018 0 Supreme(Del) 2894 The court held: the of the is determined by the location of the branch where the loan documents were executed. 2018 0 Supreme(Del) 2894
In escrow disputes, OAs addressed non-deposits by builders, emphasizing procedural fairness. 2018 0 Supreme(Guj) 219
Patel Piyushkumar Ranchhodbhai VS Bank of Baroda Ashram Road Branch
One ruling quashed notices pending adjudication: Till order is passed by the afresh, no further steps shall be taken.Patel Piyushkumar Ranchhodbhai VS Bank of Baroda Ashram Road Branch
Exceptions:- Incomplete replies invite adverse inferences.- No admissions-based allowance without hearing. 2025 Supreme(Online)(Del) 4071
To craft an effective reply:- Prepare Thoroughly: Address every allegation with evidence.- Verify Properly: by competent person.- File Promptly: Within 30 days; seek extension via application if needed.- Raise All Claims: Specify / clearly.- Seek Legal Help: Engage specialists for drafting.
A well-formatted reply to a is your shield against recovery actions and a launchpad for counter-relief. Key takeaways:- Structured as defense/ with . 2022 0 Supreme(SC) 1140- 30-day filing limit, strictly enforced. 2020 0 Supreme(SC) 609- Include admissions, denials, for comprehensive coverage.
This overview draws from established precedents but laws evolve—this is not legal advice. Always tailor to your facts and consult a lawyer. Stay proactive in proceedings to protect your interests.
References:1. 2022 0 Supreme(SC) 1140: effect as , requirement.2. 2020 0 Supreme(SC) 609: Time limits, verified pleadings.3. Additional cases: 2024 Supreme(Online)(KER) 45094, 2025 Supreme(Online)(Del) 4071, 2021 0 Supreme(Guj) 561, 2019 0 Supreme(Ker) 1025, 2018 0 Supreme(Del) 2894, 2018 0 Supreme(Guj) 219,
Patel Piyushkumar Ranchhodbhai VS Bank of Baroda Ashram Road Branch
. #DRTGuide #DebtRecovery #LegalFormat
It is not in dispute that while filing the recovery proceeding before the DRT, it is the applicant in the Original Application, who pays the Court fees. Rule 7 of the Debts Recovery Tribunal (procedure) 1993, provides for payment of fees on the original application for recovery of debts. ... In our opinion, in such cases insistence for a joint application, in fact, would go contrary to the very judicial order passed by the DRT permitting withdrawal of the or....
The petitioner also filed a Miscellaneous Application before the DRT in the year 2015 being Miscellaneous Application No.66 of 2015 which was also allowed by the DRT by judgment dated 03.11.2015 as under : “(5) This Tribunal vide its order dated 18.04.2013 has directed the respondent ... Be it noted that respondent Bank has not filed any formal reply to the said applications. ... Seema Jwellers, however, with regard to the application at Exhibit T-27, the DRT directed....
The reply given by the petitioner’s counsel to the legal notice of the Bank dated 4-8-2021 (Annexure- P/9) is heavily relied upon to submit that it is a unique stand of petitioner whereby she has shown her readiness and willingness to return the original title deeds and other documents and is further ... In paragraph 11 of this reply, it is averred as under : – “11. ... It is clarified that as soon as the outstanding amount is returned to my client by the Bank (as ordered by the Hon’ble DRT and DRAT), my client is read....
Respondent had already circulated an application for interim relief in the Original Application filed before the DRT on 28 March 2012. Thereafter the Petitioner filed a suit on title in the civil court at Kolkata on 3 April 2012. ... The said application for delay condonation in filing Review Application was rejected by the DRT only on the ground that DRT did not have power to condone the delay in filing the Review Application. ... ....
Sd/- DINESH KUMAR SINGH JUDGE Sru APPENDIX OF OP (DRT) 277/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AMENDED SECURITIZATION APPLICATION FILED ON 09.02.2024 IN SA NO. ... the SA only after hearing the case of the petitioners by affording opportunity to make reply arguments in accordance with law within the time as framed by this Honourable Court; 3). ... Allow this Original Petition with costs. 2. Arguments had been heard in S.A No.244 of 2021and it is listed today for orders. 3. ... The learned counsel for th....
Certain wrongs on the part of the Bank are also pleaded which was not pleaded in the original written statement. Counter obligation on the part of the Bank for non performance thereof is also pleaded in the amendment application. ... Hence, Learned DRT has rightly dismissed the amendment application. No interference is called for in the appeal. ORDER Appeal is dismissed. ... Having considered the submission, Learned DRT dismissed the application. 11. Order 6 Rule 17 C.P.C. reads as u....
It need not required to be compiled /collate/created by CPIO. Furthermore, he also transferred the said RTI application to DoPT for sl. 4(i), which is misleading. 2. ... The said note sheet has been prepared by DRT Section of Department of Financial Services and the original note sheet still lies with DRT Section therefore, the RTI Application is being forwarded to Department of Financial Services, under Section 6(3) of the RTI Act, 2005, for providing the information ... (ii) Whether....
On 12th August, 2021 the Appellant filed its affidavit in reply to Section 7 Application. ... Respondent, Section 7 Application ought to await the adjudication by the DRT. ... The Appellant having already filed reply before the Adjudicating Authority, it is open to the Appellant to press all its contention before the Adjudicating Authority when the Application under Section 7 is heard. 6. ... The Appellant also filed an Application under Section 17 of the SARFAESI A....
of an original application being O.A. ... Parties are directed to appear before the Recovery Officer-DRT-III, Delhi on 31.10.2014. 4. With the above observations, the present original application is disposed of.” 2. ... However, a perusal of the order of the DRT does not show that the said O.A. has been allowed on the basis of admissions in the reply. ... No.56/2004 filed by the Petitioner herein and directed the Registry of the DRT to issue a recove....
The affidavit-in-reply filed by the respondent nos.3 and 4 is on record. According to them the original order and decree of the DRT dated 24th July 2006 expressly holds that the original application filed by the petitioners’ predecessor was disallowed against the respondent nos.3 and 4. ... By an order and judgment dated 24th July 2006, the original application filed against the respondent no.5 (in liquidation) and its guarantors being Original #HL_S....
In the light of the aforesaid facts and circumstances, the Bank is unable to accept the proposal.” 6.4. The copy of the Original Applications along with its enclosures were already served on the company. 1. Now, the next hearing of the OA is fixed on 12-08-2021. The hearing of the Original Application before Ld. DRT-II was posted on 02.06.2021, however, it is informed that no one has appeared on behalf of Respondent no.
In the scheme of SARFAESI Act, 2002 both the remedies are valuable redressal remedies against illegal or arbitrary enforcement of security interest by Financial Institutions. file original application under Section 17 before DRT and further file appeal under Section 18 before DRAT. A person aggrieved by any of the measures taken by financial institution has remedies viz. These measures resulting in securitization could be challenged before the DRT/DRAT as the case may be.
Receiver is directed to file a report before the DRT-III, Delhi on 15th November, 2018, the date when the Original Application is listed. The Receiver will extend due courtesy to the respondent while seeking to take the possession of the said vehicle.
Original Application No. 249 of 2014 along with necessary application came to be filed with the DRT. It is stated that Respondent No.2 without routing the funds through escrow account of the Bank, sold the flats and did not deposit the amount received from the members with the bank and therefore Respondent No.1 has filed an application before the Debts Recovery Tribunal, Ahmedabad as the amount has not been deposited in escrow account. But, for the reasons best known to the Sub-Registrar, the fact of mortgage is not reflected, but it does not mean that right of respondent n....
Original Application No. 249 of 2014 along with necessary application came to be filed with the DRT. It is stated that Respondent No.2 without routing the funds through escrow account of the Bank, sold the flats and did not deposit the amount received from the members with the bank and therefore Respondent No.1 has filed an application before the Debts Recovery Tribunal, Ahmedabad as the amount has not been deposited in escrow account. It is also contended that it is the duty of Respondent No.2 to disclose full facts. But, for the reasons best known to the SubRegistrar, the....
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