How Can a DRAT Appeal Lawyer in Meerut Help Get Interim Stay Against a DRT Order?
Orders passed by Debt Recovery Tribunal against borrower are quite stressful especially when recovery/possession/auction or monetary crunch is about to happen. Many of you search DRAT appeal lawyer in Meerut on google when you want to file an urgent interim stay against DRT order thinking that Order passed by Debt Recovery Tribunal requires immediate attention from a lawyer.
Order passed by Debt Recovery Tribunal (DRT) need not necessarily conclude a banking dispute. Depending upon the type of order/ passed, grounds for appeal and other obligations to comply with law, the affected person has the option of approaching Debt Recovery Appellate Tribunal (DRAT).
BK Singh Advocate deals with cases where clients approach for DRT issues and require immediate assistance from appellate side. In Banking disputes, timings play a major role. Once you get DRT order don’t let the review take long. Faster you apply for appeal, higher the chance that creditor will try to initiate recovery process.
Issue with DRT Orders
Orders passed by Debt Recovery Tribunal Must Be Taken Seriously By Borrowers
Increasing number of individuals, traders, professionals & businesses in Meerut are facing banking disputes, loan defaults, SARFAESI cases, and recovery actions. Order against your from DRT can affect your property, business interest, money or reputation.
Some borrowers think that DRT has passed an order against them & they have no other legal recourse available to stop banks from taking possession of property or auction. This not only increase your problem but also unnecessary.
Appeal against order of DRT before DRAT is provided under statute but every case is different on facts, documents, limitation and nature of order passed by tribunal.
BK Singh Advocate understand that you contact DRAT appeal lawyer Meerut during emergency whether its auction proceedings about to happen, Possession problems or harassment from bank side.
Drat Appeal & Interim Stay Quick Guide
- DRAT: Debts Recovery Appellate Tribunal, hears appeals against certain orders passed by Debt Recovery Tribunal (DRT) under Recovery of Debts and Bankruptcy Act, 1993 (RDDBFI Act)
- Any person aggrieved by an order of Debt Recovery Tribunal is entitled to file an appeal before DRAT and obtain relief from such order to the extent permitted by law.
- Interim stay is granted on facts, documents and circumstances presented in each case.
- SARFAESI disputes lead to proceedings not only before DRT but DRAT as well.
- Banking Recovery cases require analysis of notices, orders, account statements etc.
- Results will depend on courts evaluation. No guaranteed results.
What Is A Drat Appeal After You Get A Drt Order?
DRAT appeal is filing an appeal against an appealable order of Debt Recovery Tribunal passed by Debt Recovery Tribunal. Affected party can file an appeal before Debt Recovery Appellate Tribunal seeking reconsideration of order passed by Debt Recovery Tribunal under provisions of law.
While filing an appeal before DRAT party can request for interim stay from appellate tribunal till the time appeal is being heard. Stay of execution from such orders is discretionary relief.
BK Singh Advocate says, “Don’t take “appeal” literally. Appeal is not simply the act of opposing something with which you do not agree. ”
You need to know about DRAT appeal process, grounds of appeal, necessary records, financial documents to be submitted, procedurally where your matter stands.
Under What Statute Are Matters Dealt With Drt & Drat?
Recovery related disputes from banks are generally heard under Recovery of Debts and Bankruptcy Act, 1993. If your matter is related to secured asset then SARFAESI Act, 2002 will apply.
DRT deals with recovery of debts from banks & DRAT is an appellate tribunal which looks into appeals against orders passed by Debt Recovery Tribunal.
Once a borrower or a person aggrieved with the banks actions has to approach a court for relief, he should understand that legal remedies available against a demand notice is different from legal remedy available against a demand for possession or auction process or an order passed by Tribunal.
BK Singh Advocate guide you with DRT appeal matters and understand specifics of your SARFAESI related disputes and Banking recovery related issues after understanding facts from end to end.
Documents Required To Share For Drat Appeal Analysis
Keep a track of your record before you meet a lawyer. It will help you and the lawyer understand the dispute you are facing.
Documents which are generally shared
Order of DRT
Loan Documents/ Sanction Letter
Notice/Bank Correspondence
SARFAESI Notices (If served on you)
Property documents showing security interest
Cheque/clearing records statements of account
Documents of any prior litigations if any.
BK Singh Advocate goes through the above documents to understand the legal position along with appeal requirements.
When To Seek Help From A Drat Appeal Lawyer?
You need a lawyer when you have received an order from DRT which you don’t agree with, you think banks may start recovery proceedings against you or you just want to know what appellate options do you have.
It breaks my heart to see most borrowers approach us only when the time is running and that is when auction/property possession is about to happen. Most of the times, after reviewing facts and documents we are able to point out legal errors, missing documents and discuss various options available with you much earlier.
However, most Individuals/people search for DRAT appeal lawyer in Meerut when they need help understanding Tribunal orders, appeals process & urgent stay against recovery/directions passed by DRT.
How Can A Drt Lawyer Help You In Recovery Disputes?
BK Singh Advocate can help you with your DRT Appeal/Banking related matters/SARFAESI related disputes and recovery problems. We handle your matter by first understanding your documents, discussing options you have legally and representing you professionally as per facts of the case.
Visit DRT Lawyer website to read other associated information which might help you with your queries.
Each case is unique and decided on its individual merits. Relief is provided if there is a law that can support your claim, evidence to back your claim, you have followed the procedure required and discretion of the authority.
FAQs
1. Who is DRAT appeal lawyer in Meerut?
DRAT appeal lawyer in Meerut guides his clients about availability of appeal against DRT order and reviews all the legal documents for filing an appeal before DRAT and represents his client before tribunal for DRAT appeal. He also advises his clients about seeking interim stay related relief against recovery or directions passed by Debt Recovery Tribunal.
2. Can DRAT grant me interim stay against DRT order?
Yes. DRAT does look into applications seeking interim stay against DRT orders but granting of stay would be dependent on facts & laws applicable, documents submitted to tribunal and at the discretion of appellate authority.
3. Difference between DRT proceedings and DRAT proceedings.
Debt Recovery Tribunal adjudicates upon complaint filed by banks & financial institutions for recovery of their dues. Debt Recovery Appellate Tribunal is an appellate body against whom appeals can be filed against orders passed by DRT.
4. Should I consult a DRAT appeal lawyer only when I get DRT order?
No. It is advisable to immediately seek legal assistance if DRT passes an order especially if the order is not in your favour and you think you may face recovery proceedings against you or any urgent matter such as possession proceedings are about to start, auction of your property is going on, etc.
5. Can we appeal against SARFAESI actions before DRAT?
Appeals against SARFAESI actions are filed first before DRT and then in certain cases the appeal can go to DRAT as well. Consulting a legal professional will clarify your course of action.
6. What documents I should have to meet a DRAT Appeal lawyer?
Copies of Order passed by DRT, Loan Agreement, Notice served by Bank, Passbook copies depicting payments made to bank, Correspondence with bank/Syndicate, SARFAESI Notice & Section 13(4) order passed, ARC papers if any. Any other document which can help you establish your claim would be required.
7. Does filing an appeal before DRAT halt recovery process?
Filing an appeal before Debt Recovery Appellate Tribunal does not halt recovery process. You have to separately apply for interim stay or stay of recovery.
8. How can BK Singh Advocate help you in DRT matters?
BK Singh Advocate can read your DRT order passed against you and advise you about the options of filing an appeal against such order. Further he can prepare your legal representation for DRAT appeal according to facts and circumstances of your case.
9. Can we file appeal against all DRT orders before DRAT?
Appeal before Debt Recovery Appellate Tribunal is not available against every type of orders passed by Debt Recovery Tribunal. Availability of such appellate relief would depend on nature of order passed by Tribunal, under which law your dispute was heard and facts.
10. Why you should hire a DRAT appeal lawyer in Meerut?
Hiring a DRAT appeal lawyer in Meerut will help you understand DRAT forum, documents which are required to file an appeal against DRT order and various legal aspects involved in your case.
Final Thoughts
Order passed by Debt Recovery Tribunal can be serious money wise. But if you or someone you know has received an order from DRT which is not in their favour then please remember that there might be legal options available to you depending on the circumstances. Consult a DRAT appeal lawyer in Meerut for interim stay against DRT order as soon as possible so you have a better understanding on where you stand legally.
BK Singh Advocate works with borrowers/ persons /companies who are facing litigation in tribunals like DRT, DRAT & SARFAESI forums. He helps you with practical approach towards your matter in a legally sound manner. It is always good to have your documents reviewed and know about the facts of your case because each case in tribunals are solely judged on merits of individual case.
