Orders passed by Debt Recovery Tribunal have drastic consequences on borrowers, guarantors and individuals/businesses facing banking disputes. Adverse order being passed against a person without giving him a reasonable opportunity of being heard bothers him. He keeps wondering that Order was passed by Debt Recovery Tribunal Rajasthan Mumbai Delhi without even understanding the documents submitted, hearing his explanations or his objections.

BK Singh Advocate having experience in DRT matters has been approached by many clients who contacted us after knowing that order was passed ex parte by Debt Recovery Tribunal or without their effective participation. Litigants not only get bothered by such order passed against them but also questions legitimacy of procedure adopted before passing such order.

Reasonable opportunity of hearing is concomitant to judicial/quasi-judicial proceedings because every person whose rights and liabilities are affected by that order is generally entitled to a reasonable opportunity of being heard.

DRT order passed without hearing implies to an order passed against a party agrieved by the Debt Recovery Tribunal where he/she contends that he was not given any reasonable opportunity of being heard by the tribunal. Such a contention could be based on facts that notice was not served properly or you were not given opportunity to communicate, you weren't allowed to place your evidence or the submissions already made by you are not considered by tribunal.

Orders passed without opportunity of hearing by the DRT can be challenged depending on facts and circumstances leading to passing of such orders. Nature of order passed, at what stage of proceeding party failed to appear, what were the reasons for non-appearance, what documents were brought on record, merits of submission made by party seeking relief etc., nature of remedy sought would require analysis.

Why Consulting DRT Lawyer after Order is passed without hearing is necessary?

Before borrowers or any person facing recovery proceedings against them; loan-dispute related to properties, businesses and financial debts sit and decide on the matter. It is imperative that they understand their legal stance. BK Singh Advocate helps his clients by understanding the record maintained by tribunal and legal stance on various matters pertaining to hearings conducted by Debt Recovery Tribunal.

Why Ordering By DRT Without Hearing matter on Legal Tiers?

Whenever a proceeding initiated before Debt Recovery Tribunal has an effect on person's pecuniary interest, secured assets or business stability. An Order which is passed without hearing affects the parties emotionally where parties start believing that Order was passed by tribunal without understanding the facts involved in loan dispute.

Loan recovery lawsuits not only involve lakhs/hundreds of rupees but also loan agreements, guarantees, mortgages and account verification related documents.

The party against whom order is passed would always have valid reasons to explain his stance on repayment related issues, disputed calculations, technical objections which can affect his claim or any other reason which might affect his liabilities/claim. Such matters become more severe when-

• Notice of hearing wasn't communicated to borrower.
• Documents were not considered by Tribunal.
• Party could not attend the hearing because of unavoidable reasons.
• Order doesn't comment on what has been placed before Tribunal.

Most borrowers think DRT order cannot be questioned once it is passed by Tribunal. However certain legal options are available for you as well subject to facts and procedure involved in passing the order.

Issues would be better dealt after analyzing the order passed by Tribunal and records maintained. Every Case is different and has different facts supporting the same. Certain point which might work as a ground in one case may not necessarily apply to similar case.

Why Does Order Passed Without Hearing By DRT Matter for Borrowers and Businesses in India?

With increasing cases of loans, business loan disbursals and secured finance transactions; banking disputes have become fairly common. A proceeding initiated before Debt Recovery Tribunal is directly or indirectly associated with recovery proceedings initiated by banks and financial institutions.

When order is passed by DRT against borrower/business owner he starts facing pressure where his business properties/assets are concerned. Borrowers/Guarantors start thinking about their personal assets and financial reputation at stake.

We have had countless borrowers approach our Lawyers to seek legal consultation when they have been subjected to recovery/ impending recovery related proceedings be it in courts/DRT Delhi/NCR Mumbai Bengaluru Chennai or other commercial towns.

Lawyers usually get approached when either matter is about become time barred or they think that matter would get automatically sorted. But due to delay only additional technical issues are invited. Once matters are reviewed by our legal team at the right time you come to know your stance.

BK Singh Advocate works on helping client with variety of issues related to Debt Recovery Tribunal. He helps borrowers get through DRT proceedings by understanding orders/notices passed and going through records maintained.

What does order passed by DRT without hearing means?

Ordinarily when a person says DRT passed order without hearing what he means to imply is that he was not given an opportunity to speak or be heard before an order was passed affecting his rights.

Fair hearing is a concept that comes under Natural justice which simply implies that a person should know what case he has to answer and be given an opportunity to defend himself from the same.

That being said not every situation where a party is absent from hearing or non-participation from proceeding would amount to violation of fair hearing. Tribunal or court may look into certain circumstances such as :-

• Notice was served properly or not.
• Party had knowledge about the proceeding.
• Whether a reasonable opportunity was given or not.
• Party made any attempt to participate in the proceeding or not.
• Whether his non-participation caused any actual prejudice to the proceeding or not.

Hence it's not enough to say that I was not present to challenge Order Passed by DRT. The facts leading to order would also need to be seen.

How BK Singh Advocate Can Help you?

BK Singh Advocate can help you get through DRT related matters, Banking disputes, recovery proceedings and borrower representation.

Legal Review would consist of knowing the background story to loan dispute, reviewing tribunal order passed, verifying procedural history and identifying merits in your legal stance.

You too can find various DRT Order Passed Without Hearing related services on DRT Lawyer website. If you are a client looking for Lawyers who have expertise in handling Tribunal cases then you have reached at the right place.