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Bank Issues in Civil Court vs DRT Recovery: Jurisdiction Guide
When banks pursue debt recovery, borrowers often wonder: Can I fight this in a civil court, or does the Debt Recovery Tribunal (DRT) have exclusive say? The search query Bank Issue in Civil Court Recovery in Drt captures this common dilemma. This post breaks down the rules from key judgments, helping you understand when civil courts step aside for DRT under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act) and SARFAESI Act, 2002.
Disclaimer: This is general information based on legal precedents. Laws vary by case; consult a qualified lawyer for advice tailored to your situation.
Understanding DRT's Exclusive Jurisdiction
DRTs were created to speed up bank debt recovery. Section 17 of the RDB Act gives DRTs power over applications by banks/financial institutions for debts over ₹10 lakhs (now adjusted). Section 18 bars civil courts from entertaining such matters: No court... shall have jurisdiction to entertain any suit... in relation to recovery of debts. [
Search Results for "Bank Issues in Civil Court vs DRT Recovery Jurisdiction"
1993 0 Supreme(SC) 906 • India - Supreme Court
B. P. JEEVAN REDDY, K. RAMASWAMY, M. N. VENKATACHALIAH, P. B. SAWANT, S. MOHAN
Constitution of India, 1950 - Article 311(2) - Government of India Act, 1935 – Section 240(3) - Civil Services ... Law on subject has developed along two paths. viz., statute and the principles of natural justice – Court may first refer to statutory ... - Civil Services (Classification, Control and Appeal) Rules – Rule 55 - Delinquent employee – Inquiry - Disciplinary authority - ... Court for the Eastern Dist. of Lusiana to recover for personal inju....
2004 1 Supreme 243 • India - Supreme Court
V. N. KHARE, D. M. DHARMADHIKARI, S. B. SINHA
in the civil court. ... The certificate will be issued for the recovery as arrears of land revenue only it, as required by sub-section (3) of Section 168 ... but would be entitled to recover the same from the owner or driver thereof. ... in the civil court. ... We may, however, hasten to add that the Tribunal and the court must, however, exercise their jurisdiction to issue such a direction ... Th....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
of an instrumentality or agency of the State. ... INTERPRETATION OF EXPRESSION “THE STATE”—EXPRESSION IS USED IN CONCEPT OF STATE IN RELATION TO FUNDAMENTAL RIGHTS Guaranteed BY PART ... if there is an instrumentality or agency of the State which has assumed the garb of a Government Company as defined under this ... In such a suit, however, they would have got a declaration and possibly damages for wrongful termination of service bu....
1996 8 Supreme 581 • India - Supreme Court
KULDIP SINGH, A.S.ANAND
The award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages ... against any amount which may be awarded to the claimant by way of damages in a civil suit. ... a civil suit and there again the defence of sovereign immunity was allowed to have its play. ... The award of compensation in the publ....
2005 5 Supreme 236 • India - Supreme Court
Y.K.SABHARWAL, D.M.DHARMADHIKARI, TARUN CHATTERJEE
appropriate action against the concerned Officer including recovery of costs from him. ... away the constitutional jurisdiction of the High Court. ... to the litigation. ... appropriate action against the concerned Officer including recovery of costs from him. ... align="justify">(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such in....
1995 0 Supreme(Del) 790 • India - Delhi
S.D.PANDIT
Finding of the Court: The court held that the suit was a suit for recovery of debt by a banking institution and fell ... Issues: Whether the suit for recovery of interest warrants falls within the purview of the Recovery of Debts Due to Banks ... RECOVERY ....
• India - Dishonour Of Cheque
S.S.PARKAR
of loan and was repayable with interest—Respondent Bank would have right to file suit for recovery of its debt in Civil Court—Respondent ... Original application by respondent bank for recovery of amount of debt—Jurisdiction of DRT challenged on ground that amount due to ... being a Banking ....
2021 0 Supreme(Bom) 63 • India - Bombay
SUNIL B.SHUKRE, AVINASH G.GHAROTE
the Court : Jurisdiction of the Debts Recovery Tribunal, to decide all matters relating to Sections 13 and 17 of the SARFAESI Act ... 13 (4) – Civil Procedure Code, 1908 – O. 7 Rule 11 - Hindu Joint Family property – Recovery of Debt – Mortgage of property - Action ... of the Bank or Financial Institution, stands in the name of the borrower ....
• India - Dishonour Of Cheque
SANJIB BANERJEE
(i) Recovery of Debt Due to Banks and Financial Institutions Act, 1993—Sections 17,(iii) Recovery of Debt Due to Banks and Financial Institutions ... is inextricably linked to claim by a Bank or financial institution launched before Tribunal under 1993 Act—Civil Court has to leave ... ’s jurisdictio....
2016 0 Supreme(Bom) 332 • India - Bombay
A.S.OKA, V.L.ACHLIYA, ANUJA PRABHUDESAI
NOT A SUIT FOR RECOVERY OF DEBT DUE TO BANK OR FINANCIAL INSTITUTION - DRT HAS NO JURISDICTION TO ENTERTAIN SUCH SUIT - JURISDICTION ... suit for recovery of a debt due to the bank or financial institution. 3. ... DEBT RECOVERY TRIBUNAL -....
2022 0 Supreme(SC) 1140 • India - Supreme Court
SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
Now, turning to the issue of the power of the Civil Court to transfer an independent proceeding instituted by a defendant to be tried alongside a recovery proceeding before the DRT. There is gainsay that there is no specific power to transfer a suit to the DRT. ... If the DRT were to find in the bank’s favour, the defendant would have to approach the Civil Court in respect of such excluded counterclaim, as the DRT ....
2025 0 Supreme(Kar) 1739 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
KRISHNA S.DIXIT, G.BASAVARAJA
That was a case relating to filing of Counter Claim in O.A. filed by the lender bank. The court rejected the contention that when banks suit for recovery is transferred, the Counter Claim is not transferred and therefore, the same should be tried by the Civil Court itself. ... Thus, it is not open to a defendant, who may have taken recourse to the Civil Court, to seek a stay on the decision of the DRT awaiting the verdict of his suit before the #HL_S....
2024 0 Supreme(Mad) 193 • India - Madras
ABDUL QUDDHOSE
having the option of either making a counter-claim in the DRT proceedings or filing a separate civil suit for recovery of the loss suffered by the borrower from the Bank on account of unauthorized debits made by the Bank. ... (d) The Hon'ble Supreme Court further held that there is no power in the Civil Court to transfer an independent proceeding instituted by a borrower to be tried along with a recovery proceeding....
• India - Patna
K. VINOD CHANDRAN, PARTHA SARTHY
We would have ordinarily directed the appellant, in the circumstances of the re-delivery having been directed, to approach the Civil Court for recovery of possession. ... JUDGMENT :The appellant is aggrieved by the judgment in the writ petition rejecting his challenge against the order passed by the Debt Recovery Tribunal, Patna (for brevity DRT) and relegating him to the Civil Court of competent jurisdiction. ... If that is done, then the remedy of the appellant for ....
2023 0 Supreme(Bom) 367 • India - Bombay
BHARATI DANGRE
Debt Recovery Tribunal and the choice is ultimately of the borrower to approach the Civil Court, if he deem it to be expedient. ... If the DRT were to fnd in the bank’s favour, the defendant would have to approach the Civil Court in respect of such excluded counterclaim, as the DRT does not have jurisdiction to try an independent claim against the bank/financial institution.” ... Is the jurisdiction of a Civil Court#HL_END....
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