If you are a Borrower, Guarantor, Company or a Bank who are not satisfied from an Order by the Debt Recovery Tribunal you can approach a DRAT lawyer to help you file an Appeal in Debt Recovery Appellate Tribunal.
In case of filing an Appeal against the DRT Order we would have to go through all the details of the case like Order, Pleadings, Notices, Loan papers and earlier proceedings. So it is always advised to be prepared for an Appeal matter.
What Does a DRAT Lawyer Handle?
DRAT Lawyers can practice before the Appellate Tribunal on behalf of borrower/guarantor, Bank/Financial Institution, Companies etc. They will generally deal with cases of Appeal against the order passed by DRT. Cases related to SARFAESI Act, Recovery, Auction, Possession etc.
Whether the procedure was followed, if any finding need to be looked into and whether there is any question of law/fact involved.
Why Is DRAT Appeal Preparation Important?
It is not just a repetition of the matter which was already dealt with earlier. What the Appellant needs to show are the wrongs be it in form of any error in law or any illegality or defect or any wrong finding which has come in the impugned order. Appeal has to be drafted in a manner that how it deserves to be interfered with.
Some of the important documents are the impugned order of the DRT, securitisation petition papers, demand notice, notice of possession, reply's if any, bank account statements and loan agreement etc.
How Does the DRAT Pre-Deposit Requirement Affect Appeals?
A key point to remember in most DRAT appeals is the statutory deposit requirement that you will have to comply with in some cases. You may be required to deposit a percentage of the debt owed prior to your matter being heard. This will depend on the matter at hand, legislation used, amount ordered and case law. Always seek advice on this matter before lodging your appeal or if you believe you can lower the deposit required.
Can a DRAT Lawyer Assist in SARFAESI Matters?
Yes. There are many appeals which are filed with respect to the act. It can be related to the taking over of secured assets or any issue regarding the auction. Or with respect to any step taken u/s 13(4) or issue regarding the recovery action.
A DRAT lawyer can look into the order passed by DRT and understand if there is any aspect which is related to the Act which has not been complied with. Service of notice, valuation, possession, auction etc.
What Should Clients Check Before Filing a DRAT Appeal?
Limitation to file the appeal. What all is there in the DRT order. What documents will be required. What pre deposit condition will apply and what are the various legal arguments which you can take up in this case. It's always better to go through this at an earlier point of time.
Advocate BK Singh can be contacted for any legal help regarding DRAT Appeal. DRT cases, Sarfaesi Act and Bank Recovery related issues.
Conclusion
For an Appeal to DRAT one has to write a good legal drafting with all the documents attached. Also you have to challenge the order of Debt Recovery Tribunal. It could be any case which can come under SARFAESI. Like recovery, possession, auction etc. You can hire DRAT Lawyer for any such debt recovery appeal case.
FAQs
1. Who is a DRAT lawyer?
DRAT lawyer practice appeal cases before the Debt Recovery Appellate Tribunal. They help the client in getting their DRT order set aside or to defend the case against the appellant.
2. Who can approach DRAT?
Any person who has been aggrieved due to an order of DRT can approach DRAT if they are entitled under law. It can be borrower/gaurantor/bank/financial institution/company etc.
3. Can I file my matter before DRAT?
As there is limitation to file an appeal before DRAT you need to check your order and if you are within the prescribed limitation period then yes.
4. Do i have to pay any pre deposit before filing appeal?
Every act will have its own provisions regarding the pre deposit requirement. You should consult a lawyer to know the exact amount which needs to be paid or whether the court can reduce the amount.
5. Will DRAT stay the recovery proceedings?
It depends upon the case. You can seek interim relief if required from DRAT.
6. Can SARFAESI case be filed before DRAT?
If a case comes under jurisdiction of securitisation and its decided by DRT you can file appeal before respective DRAT.
7. What documents do I need to file my appeal before DRAT?
Order passed by DRT. Pleadings filed by the parties. Documents which are related to loan agreement. Notice and reply. Bank statement. Possession notice/documents. Correspondence and other evidences.
8. Can guarantor file appeal before DRAT?
It will depend upon the circumstances of the case. If your case is eligible to be heard before DRAT you can approach them.
9. Why is drafting of appeal important?
Since it's an appeal you should mention what errors have been committed by lower court. Which will lead the DRAT judge to take cognizance of the matter and decide accordingly.
10. When should I speak to a DRAT lawyer?
You should approach a DRAT lawyer as soon as you receive an order from DRT which you are not satisfied with.
Website - https://www.drtlawyer.com/
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