What is the summary procedure followed by DRT in a bank recovery suit?

Question

My bank has filed an Original Application before the DRT for loan recovery and I want to understand how the tribunal's summary trial process works. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is the summary procedure followed by DRT in a bank recovery suit? is governed in India primarily by Recovery of Debts and Bankruptcy Act 1993, Section 19 and Recovery of Debts and Bankruptcy Act 1993, Section 22. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 19 requires the bank to file an Original Application with full particulars of the debt, and the defendant must file a written statement, often within 30 days.

Section 22 dispenses with strict Civil Procedure Code rules, empowering DRT to devise its own procedure guided by principles of natural justice for speedy disposal.

DRT can pass interim orders including attachment before judgment if it believes the borrower may dispose of assets to defeat recovery.

Final orders of DRT operate as a recovery certificate executable by the Recovery Officer, who can attach and sell properties without a separate civil suit.

Cross-claims or counter-claims by the borrower against the bank, such as for deficiency of service, can be raised within the same proceeding.

What to do next: 1) File a detailed written statement within the time granted, addressing each averment in the bank's application; 2) Raise any counter-claim regarding excess interest, wrongful charges or deficient service at the earliest stage; 3) Attend all hearings since ex-parte orders can be passed for non-appearance; 4) Challenge the final recovery certificate before DRAT if factual or legal errors exist.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Recovery of Debts and Bankruptcy Act 1993, Section 19 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.