Introduction

The tribunal issues recovery certificate to applicant. There are recovery officer appointed under the Act and attached to tribunal .

Mode of recovery of debt

I. Attachment and sale of movable and immovable property of defendants II. Arrest of the defendant and detention in prison III. Appointment of receiver for the management of the movable and immovable properties of defendent

 Validity of recovery certificate and amendment thereof

I. The defendant is debarred from the raising any disputes before recovery officer about the correctness of the amount specified in the recovery certificate issued by the tribunal. The recovery officer cannot entertain any objection raised by the defendant on any other ground against the certificate. II. The presiding officer of the tribunal who had issued the recovery certificate is authorized to withdraw the certificate or correct any clerical or arithmetic mistake in the certificate III. The defendant can make application for review within sixty days of passing the order or issuing the certificate. Such application needs to be supported by affidavit verifying the contents.

 Stay and amendment for recovery proceeding and certificate

Even though a certificate has been issued to the recovery officer, the presiding officer may grant time for payment of the amount. If such time is granted, the recovery officer has to stay the proceedings until expiry of the time granted. If after recovery certificate ids issued there is any payment by the defendant or any time is granted for payment, the presiding has to keep the recovery officer informed.

Other mode of recovery

Appeal against the order of recovery officer

The recovery officer is given power under sec 25 and 28 to recover the amount mentioned in the recovery certificate As per sec 26,the defendant cannot question or dispute before the recovery officer about the correctness of the amount mentioned in the recovery certificate. Sec 30 provides that any person aggrieved by the order of recovery officer may appeal within thirty days to the tribunal.

Transfer of pending cases

As the act is specific one for recovery of dues of banks and financial institution, it was necessary that the recovery cases to which DRT act applies should be brought under one forum. Therefore all the suits or other proceeding pending before the civil court, where the tribunal has jurisdiction since establishment of the tribunal, stand transferred to the tribunal.

Power of tribunal to issue certificate of recovery in case of order

If there is a order passed by any court before coming into operation the DRT act and the order is not yet executed, the decree holder may apply to the tribunal for issue of recovery certificate.

Chairperson, presiding officer and staff of appellate tribunal and tribunal public servants
Section 21 of the Indian penal code.

Protection of action taken in good faith

When anything is done in good faith under this act. This protection is given so that the authorities can function without fear as well as hindrances that the borrower otherwise can put while the authorities discharge their duties.

Overriding effect of the act

The provision of this act have overriding effect when there is inconsistency with any other low or in any instrument by virtue of any other law for the time being in force. Companies act