Pre-Deposit and Limitation: The Two Hurdles in a DRAT Appeal
Two requirements decide whether an appeal against a Debt Recovery Tribunal order ever gets heard on its merits, and neither has anything to do with how strong the underlying case is. In recovery matters and DRAT appeals , the limitation period and the pre-deposit requirement operate as threshold conditions: miss either and the appeal may not proceed, however compelling the grievance. This guide explains how both work, what relief may be available from the deposit, and why appellants need to plan for them well before an adverse order is actually passed. Quick Answer An appeal against a DRT order must be filed before the Debt Recovery Appellate Tribunal within the limitation period prescribed under the Recovery of Debts and Bankruptcy Act, 1993, and a borrower appellant is generally required to deposit a percentage of the amount determined by the DRT before the appeal is entertained. The appellate tribunal has power to reduce or waive part of that deposit in appropriate cases, s...