If a DRT order deals with property/business assets/recovery of loans/enforcement action, then the subsequent proceedings can become time-bound and strenuous. DRAT lawyer help borrowers/guarantors/ corporates/secured creditors and other parties involved to appeal to the Debt Recovery Appellate Tribunal. They analyze the DRT order passed, point out grounds of appeal, examine limitation, tabulate records, and set forth the matter on dispute.
What Does a DRAT Lawyer Handle?
Appeals before DRAT can be taken by a DRAT lawyer on various matters such as bank recovery proceedings, SARFAESI disputes, matters relating to secured assets, objections to auctions, possession applications, liability of guarantors and recovery certificates granted by DRT.
For DRAT appeals focusing on challenging findings and directions passed by DRT at the stage of evidence, counsel appearing on behalf of the appellant must be strategic in challenging the procedural lapses, evidence adduced, interpretation of statutes involved, relief granted/ dismissed by DRT.
Related searches: DRAT appeal lawyer | SARFAESI appeal lawyer | DRT appeal advocate | DRAT pre deposit lawyer | Bank recovery lawyer
When Can a DRT Order Be Challenged Before DRAT?
Appeal: An appeal can lie where a party is aggrieved by an appealable order of the DRT under the relevant recovery law. An appeal lies in respect of SARFAESI matters from an order passed by the DRT under section 17, to that effect under section 18. The appeal has to be filed within a period of thirty days from the date of receipt of the order from DRT. Extension of time is not available. Since limitation impacts maintainability, we advise clients to take expedited, case specific advice.
Why Is DRAT Pre-Deposit Important?
For a borrower appealing under Section 18 of the SARFAESI Act, the statutory pre-deposit requirement is important. The law provides for deposit of fifty percent of the relevant debt amount, while the Appellate Tribunal may, for recorded reasons, reduce it to not less than twenty-five percent. Complete waiver is generally not available to a borrower under this provision. Applicability can depend on the facts and appellant’s status.
What Makes DRAT Appeals Different From Fresh Cases?
An appeal to DRAT is not a second chance to plead everything that was pleaded before DRT. Planning your appeal should involve pinpointing exactly what findings you are challenging and why the appellate court needs to interfere. Anything from the DRT record including the impugned order itself, pleadings, notices, account documents, possession record, auction papers, interim directions can become crucial evidence. Chronology and issue-based drafting will allow you to narrate the dispute crisply.
Which Documents May Matter in a DRAT Case?
Documents that are most commonly relevant are the DRT order/judgment; pleadings/originals; replies; written submissions; loan and security documents; SARFAESI notices; possession notices; valuation/auction order; receipt/payment records; bank correspondences; and previous interim orders. This will vary based on facts of dispute.
Can Businesses Approach a DRAT Lawyer?
Yes. Businesses/Companies, MSMEs, firms/partnerships, promoters/guarantors or other stakeholders can be parties to debt recovery or secured asset litigation. Some examples of commercial outcomes include: assets being tied up in limbo, at risk of auction, subject to possession suits, exposed to recovery actions or facing operational disruption. The DRAT attorney can review the appellate record and draft arguments based on the order being appealed.
Why Does Early Legal Review Matter?
DRAT matters usually entail limitation, pre-deposit issue(s), voluminous record and pending recovery proceeding. Early vetting allows you to quickly understand what was decided by the DRT, what can actually be challenged legally and what documents support the grounds you wish to plead. Further, it avoids burnishing an appeal on issues not supported by the record or not appealable.
Conclusion
Factors to consider while hiring a DRAT lawyer include experience in tribunals, knowledge of SARFAESI and recovery law, experience in appellate drafting and understanding of banking disputes. The case can be discussed with Advocate BK Singh to understand your particular situation. DRAT lawyer will offer expert legal assistance to clients for DRT Appeal matters, debt recovery disputes, SARFAESI appeals and other related litigation before tribunals in a client-oriented manner.
FAQs
1. Who is a DRAT lawyer?
DRAT lawyer advocates on behalf of clients before Debt Recovery Appellate Tribunal for appeals and connected applications.
2. What is meant by DRAT?
DRAT stands for Debt Recovery Appellate Tribunal which hears appeals against certain orders made by DRTs.
3. Can I appeal against an order passed by DRT?
Generally speaking, yes. Whether you have the right to appeal depends on several factors including the law which applies to your order, the particular order, limitation period etc..
4. How long do I have to file a SARFAESI appeal?
Thirty days from the date of receipt of the order of DRT is the general time limit for filing an appeal under section 18.
5. Do I have to make a pre-deposit for every DRAT appeal?
Not exactly. Pre-deposit requirements depend on the statute under which you have appealed, who you are, etc.
6. Can I negotiate SARFAESI pre deposit?
Yes. As a borrower you can request DRAT to reduce the statutory deposit of fifty percent to as low as twenty-five percent.
7. Can I file DRAT appeals in business matters?
Appropriate companies and businessmen can appeal against any order of DRT passed which legally hurts them.
8. Can I appeal disputes in auction sales to DRAT?
DRAT can entertain appeals against orders of DRT passed in SARFAESI enforcement, including disputes regarding auction sales.
9. Can I approach DRAT as a Guarantor?
Guarantors can consider DRAT if the nature of order and proceedings so permits under the applicable law.
10. Why hire a DRAT lawyer early?
If you get your matter reviewed by DRAT lawyer early, you will know about limitation issues (if any), pre-deposit amounts, probable grounds of appeal, supporting documents and legal issues to be focused on.
Website - https://www.drtlawyer.com/
Read More - How Can a DRT Lawyer in Chandigarh Help With Loan Recovery Disputes?