The purpose of this form is to show creditors the dire financial situation that the debtor is in so as to induce the creditors to compromise or write off the debt due.
The purpose of this form is to show creditors the dire financial situation that the debtor is in so as to induce the creditors to compromise or write off the debt due.
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A Petition may be filed by the debtor or jointly with its creditors. Benefits for the Debtor: Measures that allow the debtor to maintain its assets instead of being liquidated.
Jurisdiction, powers and authority of Tribunals. (1) A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions.
Recovery of Debts Due to Banks and Financial Institutions (RDDBFI Act), 1993 is an Act to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto.
At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson respectively.
DEBT RECOVERY TRIBUNAL They are made so that the borrowers can be helped by easy unblocking on repayment of loans . They ensure the recovery of debt . They are constitued under section 3 of the act , The matters under it are adjudicated under 180 days and appeal can be filled under DRAT under 30 days .
-(1) A creditor shall not be entitled to present an insolvency petition against a debtor unless-- (a) the debt owing by the debtor to the creditor, or, if two or more creditors join in the petition, the aggregate amount of debts owing to such creditors, amounts to five hundred rupees, and (b) the debt is a liquidated
An individual can file an insolvency petition if he/she is unable to pay his/her debts on fulfilment of any of the following three conditions: Debts amount to more than Rs. 500. The individual is under arrest or imprisonment in the execution of a money decree.
Section 2(g) in The Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
According to the rules, the agent has to speak in a non-abusive manner. They cannot harass, abuse, threaten use of violence, use obscene or profane language, call you continuously with the intent to be annoying, or make calls to your house without disclosing their identity.
Distinction between the two forums The first basic point of difference between the two tribunals is that DRT is regulated by SARFAESI Act and its Parent Act i.e. the DRT Act, on the other hand NCLT is regulated by the Companies Act and IBC.