Getting sued by a bank through Debt Recovery Tribunal can escalate what has been a manageable loan issue into a legal nightmare. You may have already faced phone calls, reminders and recovery letters. Now suddenly a summons from the DRT lands in your mailbox along with an Original Application, claimed amount and date of appearance. It is at this point that the issue becomes real for most households and businesses. Do not ignore DRT summons. It is also not a final order passed against you. A DRT Case Defence Lawyer can review the bank’s allegations, loan paperwork, account details, security and SARFAESI documents, procedural history and guide you on how to legally respond. Clients in Delhi NCR (Delhi, Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad, Meerut, Hapur) as well as Mumbai, Pune, Lucknow, Bengaluru, Hyderabad, Chennai, Kolkata, Ahmedabad and other cities in India benefit from early legal intervention. You will find your position easier to defend when you have an experienced professional guiding you through DRT/PRA expenses. BK Singh Advocate represents borrowers, guarantors, MSMEs and business in DRT, DRAT, SARFAESI and bank recovery actions. We don’t focus on delaying recovery. The issuance of DRT summons generally means that your bank or financial institution has begun recovering actions in the Debt Recovery Tribunal. Under Section 19 Recovery of Debts and Bankruptcy Act, 1993 (RDDB Act), “Any bank or financial institution may institute an original proceeding for recovery of any debt due to it under this Act before the Tribunal.†Which means that, generally speaking, the summons is asking you to do more than ignore that collection letter. The summons may order the defendant to show cause as to why certain specified information should not be disclosed and an affidavit filed; or to file a written statement or other defence permitted under the Act within such time as may be specified. Copies of summons recently issued in DRT proceedings that I have seen, are show cause being issued under Section 19(4) requiring the defendant to reply within 30 days. If you wait until the hearing is about to happen, you’ll be left with very little time to compile loan documents, analyze account entries, understand the bank’s default notice and write a sufficient response. As BK Singh Advocate says, you need to read through the whole paperbook, not just the summons first page. To begin with, he has to understand the bank ’s case. For this, he usually reviews the Original Application, loan agreement, sanction documents, security papers, guarantee documents, account statements and correspondence on which the lender relies. He would also check if the claimed amount matches the records available with you and whether payments made, restructuring agreements signed, settlements undertaken or other correspondence has been taken into consideration. Loan & account documents The lawyer would first clarify what the outstanding amount is as per the underlying loan and account documents. There could be discrepancies because of interest, charges, payments recorded or restructuring done on account of the loan. There could be issues in implementing those in the loan account as well. Reviewing this doesn’t immediately indicate that the bank is wrong. Rather, it means the claim is questionable and must be looked into before deciding on how you want to defend your case. Security/Guarantee documents You may have provided your property, machinery, book debts or any other asset as security against the loan. If there’s a guarantor involved, he too would have certain contractual liabilities. BK Singh Advocate will review these documents and assess the nature of liability the bank claims you owe and how the bank has filled its Application to the Tribunal. Previous recovery notices/speedy repayment demands The notice for initiating DRT proceedings may not be the first legal notice you received from the bank. It could have previously issued a SARFAESI demand notice, possession notice, auction notice or a communication regarding a restructuring proposal or settlement. These are important because SARFAESI enforcement proceedings and DRT recovery proceedings have different procedures although they are interconnected. It helps immensely if the borrower has collected some documents prior to your first meeting. Remember you are not expected to understand all legal documents yourself. Here are some documents you should try to keep: Avoid throwing out old bank emails/letters/statements just because they "seem boring". Remember something that may be trivial to a borrower could help you determine a timeline of what happened in the account. The earliest opportunity to review a summons is ideally when you receive it along with the entire paperback. A meeting will be especially relevant if: Guarantors should also take heed of a summons. Just because you have signed a guarantee, it doesn’t mean you can’t question every aspect of the bank’ claim. However, we will need to review the contract and facts to determine your precise position. Finally, businesses have another worry. A DRT recovery proceeding is only one thing happening. You may be under pressure from the bank on your working capital account, on the security of property, machinery or other business assets. Taking early advice can help you identify what is a legal issue and what is a commercial decision. BK Singh Advocate can review your summons and supporting documents, and advise on the legal route available to you. We do not promise any particular outcome, but will explain your options. Defending a suit and entering into settlement negotiations are not mutually exclusive. Just because a borrower has a defense to a lender's lawsuit, he may still want to evaluate whether or not it makes business sense to settle. The willingness to settle will vary depending on the lender, loan documents, amount owed, security, commercial realities and the terms offered. The fact that a borrower files a defense does not necessarily mean that the parties will settle. Also, the mere act of entering into settlement discussions does not automatically remove the parties from the DRT proceeding. BK Singh Advocate can help borrowers understand their legal position along with any settlement or OTS documents. Any settlement should be put in writing and should include the amount of the settlement, payment terms, how the security will be treated and what will happen with regard to the pending proceedings. DRT Lawyer provides legal assistance in DRT and DRAT related matters to borrowers, guarantors, MSMEs, companies and other individuals who are being subjected to bank recovery actions. DRT Case Defence Lawyer provides you with DRT recovery case handling and support services. This includes representing you and helping you out in matters related to the debt recovery tribunal based on the facts of your case. This would typically involve reviewing the pleadings filed by the bank, understand the nature of the alleged default, drafting the response required to be filed on behalf of the client, reviewing the documents the bank would be relying on, appearing before the Tribunal and arguing SARFAESI/recovery related questions/issues at the Tribunal when necessary. Legal help with bank recovery notices, SARFAESI issues, possessions claims, auction disputes, and recovery settlements can also be managed with DRT Lawyer. Where possible and depending on the nature of your case, DRT Lawyer can also help you with remote pleadings and advice for clients in Delhi NCR and other parts of India. However, we would initially need to review the documents of your matter to advise on the right forum and legal strategy. Ans. Read summons. Get a copy of Original Application and all documents filed by bank. Note date of service and date of hearing. Safely store copies of your loan documents. Consult a DRT Lawyer as soon as possible. Ignoring a summons can be hazardous. Ans. DRT summons is served against a person during proceedings in Debt Recovery Tribunal. DRT summons typically orders the defendant to show cause against why relief should not be granted to the bank (as per Section 19(4) Recovery of Debts and Bankruptcy Act, 1993). Ans. No. DRT summons comes from proceeding pending before Debt Recovery Tribunal. The bank would file an Original Application before DRT for recovery of money under Recovery of Debts and Bankruptcy Act. SARFAESI notice would be for enforcement of security interest under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. However, both proceedings can be initiated against a borrower based on facts. Ans. Yes. But Subject to procedure followed before DRT Tribunal. Generally, Defendant has a right to contest bank’s claims based on loan documents, account records, securities provided, pleadings filed and facts of case. Ans. Section 19(4) provides for a period of 30 days from date of service of summons to show cause why relief should not be granted. DRT proceedings usually allow a period of 30 days to file written statement by Defendant. Please verify from summons received and provisions of law. Ans. Yes. Banks can initiate proceedings against Guarantor based on nature of guarantee, loan documents and law governing the contract. Guarantors should analyze their guarantee documents and not assume that only principal debtor is responsible to pay. Ans. Yes. The Amount demanded by bank at the beginning can be disputed based on loan agreements, account records, payments made, interest applied and other documents. Legal merits of any such dispute would be decided based on facts. Ans. Depending on the lender and their willingness to settle. Just because you have a pending DRT matter does not go away by speaking to the bank. It is possible but would depend on the situation and lender. Ans. Yes. DRT Proceedings and SARFAESI Proceedings can continue against you at same time. Both statutes provide for different remedy and can be invoked for same overlying recovery dispute. Appropriateness of DRT vs. SARFAESI would depend on what measures lender has already taken and stage of each. Ans. Yes. BK Singh Advocate helps clients with DRT cases and related forum such as DRAT, SARFAESI and bank recovery proceedings. Initial case review includes assessment of summons notice, Recovery Application, loan agreements, securities provided and correspondences received from bank for suggested legal action. If you have received a summons from bank, don’t panic. The Bank summons is not a decree. Bank summons is only informing you that it has a intention to sue you through DRT. Get all documents/statements related to loan/account and meet a lawyer at the earliest. Keep every loan related paperwork at one place. Your lawyer will let you know your rights and what legal remedies are available to you. BK Singh Advocate has practiced in Debt Recovery Tribunal & single judge Debt Recovery Appellate Tribunal. You can contact him if you have any questions about your DRT summons.What Can a DRT Case Defence Lawyer Do After Bank Summons?
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How Can a DRT Lawyer Help After Bank Summons?
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Frequently Asked Questions
Q1. What should I do if I get a DRT summons notice from a bank?
Q2. What is DRT summons?
Q3. Can a person receive a DRT summons and SARFAESI notice?
Q4. Can you defend yourself against bank recovery suit before DRT?
Q5. How much time you have after receiving DRT summons?
Q6. Can I receive DRT summons if I am a guarantor?
Q7. Can I dispute the amount claimed by bank?
Q8. Can I settle my loan if DRT case has been initiated against me?
Q9. Can DRT Proceeding and SARFAESI Proceeding be initiated against me at same time?
Q10. Can BK Singh Advocate help if DRT Summons has been served to me?
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