OTHER TRIBUNALS: AN ANALYSIS ON DEBT RECOVERY TRIBUNAL

Author

Ruthra. B


Abstract

 Tribunals constitute an important part of the Indian Legal system. The constitution provides for tribunals in relation to certain specified matters. The establishment of these tribunals was intended to provide a specialized mechanism for adjudication of particular classes of disputes. Article 323 - B deals with tribunals for other matters than those covered by Article 323 - A. The matters contemplated under Article 323 - B are taxation, foreign exchange, industrial and labour disputes, land reforms, ceiling on urban property, elections to Parliament and state legislature, foodstuffs, rent and tenancy matters and other matters specified by parliament or state legislature. The Debt Recovery Tribunal (DRT) is one such specialized tribunal concerned with the adjudication and recovery of debts due to banks and financial institutions. The legislation relating to debt recovery was introduced against the background of difficulties experienced by banks and financial institutions in recovering their dues through the ordinary procedure. The Tiwari committee had examined the legal and other difficulties faced by bank and financial institutions and suggested remedial measures, including the establishment of special tribunals for recovery of dues ie the Debt Recovery Tribunal.


Keywords

Specialized mechanism, 323 - B - Other Matters, DRT, Due, Financial Institutions, Tiwari Committee.



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References


  1. J. N. Pandey, The Constitutional Law of India, 47th ed., discussion on “Tribunals for other matters”, Art. 323-B.
  2. L. Tannan, Tannan’s Banking Law, Student Edition, Chapter 14, The Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
  3. P. Sampath Kumar v. Union of India, (1987) 1 SCC 124; AIR 1987 SC 386.
  4. Chandra Kumar v. Union of India, (1997) 3 SCC 261; AIR 1997 SC 1125.
  5. Har Sahai Mal Tika Ram v. Punjab National Bank, (2000) 1 BC 7 (All)
  6. State Bank of India v. Madhumita Construction Pvt. Ltd., (2003) 2 BC 610 (Cal); AIR 2003 Cal 7
  7. Kiran Batra v. PO, DRT, (2004) 2 BC 290 (Mad)
  8. United Bank of India v. Abhijit Tea Co. P. Ltd., (2001) 1 BC 1; (2000) 4 SLR 651; AIR 2000 SC 2957,
  9. Kunak Udyog India v. State of Assam, (2007) 3 BC 222 (Gau)
  10. https://www.moneycontrol.com

 

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