Jabalpur Lawyer Ajay Gautam Advocate High Court Madhya Pradesh

27/10/2024

Jabalpur Advocate Jabalpur Lawyer Ajay Gautam Advocate

23/02/2024

Books written by Ajay Gautam Advocate, Author

Alien Awakening: Alien coming to Earth and aftermath

Real Existence of God

Love Story Novel Summary

The Perfect Time to Start Investing: A Comprehensive Guide to Building Wealth and Securing Financial Stability

Data Privacy Laws and Data Protection

The Time Machine Book Fiction Stories of Time Travel

Teenage Humanhood: The State or Character of Being Human

HomeSchool: Kids Story, Children’s Story Book with Title

The Best Romantic Love Letters Ever Written

Indian Horror Ghost Stories

Feelings are not Spoken but Felt: Empathy Vs. Sympathy

BrainBook: Mind Reading & Face Reading

Being Human: Questions Yourself

The Art of Debating, Persuading, Public Speaking, Arguing, Reasoning and Discussing

Say or Not Outspoken Introvert

Transform Yourself, You are what you Read

Quantum Energy Chemistry Physics Biology Science

Shark Skin Suit: Dictator Leaders of the World

Legal Eagle Lawyer: International Law and Jurisdictional Issues

Guide to Cryptocurrency, Bitcoin and Billionaires

Handbook of Research Methodology and Publication Ethics Methods and Techniques (Ph.D. UGC NET)

Money Gain Mantra in Life

Renewable Energy Engineering Technology Resources of Green Energy and Civilization

Search for the Divine Prayer Yog Dhyan Mantra

UFO and Aliens Incident on Earth

Handbook of Research Methodology and Publication Ethics Methods and Techniques (Ph.D. UGC NET)
Alien Awakening: Alien coming to Earth and aftermath
Real Existence of God
Love Story Novel Summary
Book: Renewable Energy Engineering Technology Resources of Green Energy and Civilization by Ajay Gautam
Book: Search for the Divine Prayer Yog Dhyan Mantra by Ajay Gautam
Book: UFO and Aliens Incident on Earth by Ajay Gautam
Book: Guide to Cryptocurrency, Bitcoin and Billionaires by Ajay Gautam
Book: Money Gain Mantra in Life by Ajay Gautam
Legal Eagle Lawyer: International Law and Jurisdictional Issues
Quantum Energy Chemistry Physics Biology Science
Shark Skin Suit: Dictator Leaders of the World
Transform Yourself, You are what you Read
Say or Not Outspoken Introvert
The Art of Debating, Persuading, Public Speaking, Arguing, Reasoning and Discussing
Being Human: Questions Yourself
BrainBook: Mind Reading & Face Reading
Feelings are not Spoken but Felt: Empathy Vs. Sympathy
Indian Horror Ghost Stories
The Best Romantic Love Letters Ever Written
HomeSchool: Kids Story, Children’s Story Book with Title
Teenage Humanhood: The State or Character of Being Human
The Time Machine Book Fiction Stories of Time Travel
𝐃𝐚𝐭𝐚 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐋𝐚𝐰𝐬 𝐚𝐧𝐝 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧
The Perfect Time to Start Investing: A Comprehensive Guide to Building Wealth and Securing Financial Stability

13/07/2022

Ajay Gautam (Advocate Jabalpur High Court DRT Jabalpur) Advocate Jabalpur High Court DRT Jabalpur Lawyer at Jabalpur High Court, Advocate in Jabalpur, Lawyer in Jabalpur, High Court, DRT, CAT, Criminal Lawyer, Civil Lawyer, Service Lawyer Divorce Lawyer Phone 07974026721

View Ajay Gautam Advocate Jabalpur High Court DRT Jabalpur’s profile on LinkedIn, the world’s largest professional community. Ajay Gautam has 2 jobs listed on their profile. See the complete profile on LinkedIn and discover Ajay Gautam’s connections and jobs at similar companies.

02/07/2022

Best NCLT Lawyers in India Delhi NCLT Lawyers Mumbai NCLT Lawyers, Kolkata NCLT Lawyers, Allahabad NCLT Lawyers Indore

“The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016. In the first phase the Ministry of Corporate Affairs has set up eleven Benches, one Principal Bench at New Delhi and ten other Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai. These Benches are headed by the President Chief Justice (Retd.) Ramalingam Sudhakar and comprises of sixteen Judicial Members and nine Technical Members at different locations. Subsequently, more Benches at Cuttack, Jaipur, Kochi, Amravati, and Indore have been setup and new members have joined”

Best NCLT Lawyers in India Delhi NCLT Lawyers Mumbai NCLT Lawyers, Kolkata NCLT Lawyers, Allahabad NCLT Lawyers Indore Company Law Board stood dissolved w.e.f. 01.06.2016 and National Company Law Tribunals i.e. NCLT were constituted, all over the country. NCLT holds jurisdiction over Company Law matters and is the Adjudicating Authority under the provisions of The Insolvency and Bankruptcy Code, 2016. NCLAT is the Appellate Authority for the Judgment and Orders arising from the proceedings before the “Adjudicating Authority”/ NCLT under the Insolvency & Bankruptcy Code, 2016 and the Companies Act. NCLAT also hears Appeals arising from the Orders/ Judgments of Competition Commission of India. NCLAT is situated at 2nd and 3rd Floor, Mahanagar Doorsanchar Sadan, MTNL Building, 9 Lodhi Road, CGO Complex, Pragati Vihar, New Delhi – 110003. Delhi NCLT is situated at GF, 6th, 7th and 8th floor of Indo Tibetan Police Force Building, CGO Complex, Lodhi Road, New Delhi-110003. Presently, NCLT is situated at more than 16 places in India.

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Companies Act 2013, and Insolvency and Bankruptcy Code 2016. The NCLT was notified on 1st June 2016 by the Central Government of India.

Act / Rule

The Companies Act, 1956

The Companies Act, 2013

National Company Law Tribunal Rules, 2016

NCLT Vs. DRT difference

The first basic point of difference between the two tribunals is that the NCLT is regulated by the Companies Act and the Code while the DRT is regulated by its parent act and the SARFAESI Act. Secondly, the very nature of the relief provided by these bodies is distinct- the NCLT is a forum for resolution proceedings concerning liquidation, insolvency or winding up due to bankruptcy. The DRT provides a recovery mechanism for debts of and strictly confined to banks and other financial institutions. Thirdly, the NCLT provides remedy sought to companies in case of default in payment of debts that are both operational and financial. Therefore, banks and financial institutions are also allowed to approach the NCLT for recovery of loan amount. Since operational debts cover all commercial transactions entered into by businesses, companies choose the convenient forum, the NCLT for initiation of insolvency resolution process instead of filing a suit for breach of contract in the civil court. On the other hand, the DRT can only facilitate recovery of amounts of a financial nature, that is, it resolves disputes between customers and banks or financial institutions only. It does not have the subject-matter jurisdiction to entertain any other cases.

National Company Law Tribunal (NCLT)

The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

Debt Recovery Tribunal (DRT)

Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT

NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions. Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure. The liquidation that is Insolvency cases are dealt by NCLT. Anyone can approach NCLT for recovery of money under IBC (Insolvency and Bankruptcy Code) while DRT can only be approached by banks and financial institutions.

What is NCLT?

The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

What is NCLAT?

NCLAT or “Appellate Tribunal” is an authority provided for dealing with appeals arising out of the decisions of the Tribunal. It is formed for correcting the errors made by the Tribunal. It is an intermediate appellate forum where the appeals lie after order of the Tribunal. The decisions of Appellate Tribunal can further be challenged in the Supreme Court. Any party dissatisfied by any order of the Tribunal may bring an appeal to contest that decision. The Appellate Tribunal reviews the decisions of the Tribunal and has power to set aside, modify or confirm it.

What is DRT?

Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT

NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions.

Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure.

The liquidation that is Insolvency cases are dealt by NCLT.

Recently it has been ruled by High Court that parallel cases of a same company cannot run in front of both the tribunals. Case- SBI v. LML

in PNB Housing Finance Ltd. v. Mr. Mohit Arora and Ors. (Mohit Arora case), the NCLT, Delhi Bench held that the moment an insolvency / liquidation application in relation to the corporate debtor is pending before the NCLT, the provisions of Section 60 get attracted and the jurisdiction to entertain insolvency / liquidation process against the personal guarantor would also lie with the NCLT and not with the DRT. The NCLT, Delhi Bench had opined that Sections 60(1), 60(2) and 60(3) of the Code, lay down three different circumstances where the power to hear the matter will lie with the NCLT and not the DRT, as illustrated below:

Section 60(1) – When an application “in relation” to insolvency / liquidation for corporate debtors is pending before the NCLT;

Section 60(2) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT; and

Section 60(3) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT and similar proceedings against the corporate guarantor or personal guarantor, as the case may be, of the corporate debtor are pending in any court or tribunal pending.

It is pertinent to note that the Supreme Court, while upholding the provisions of the Code for insolvency and bankruptcy of personal guarantors in Lalit Kumar Jain v. Union of India and Ors. (Lalit Kumar case) had opined that the Code treats ‘personal guarantors’ differently from ‘ individual’. The Supreme Court held that personal guarantors are “a separate species of individuals, for whom the Adjudicating Authority was common with the corporate debtor to whom they had stood guarantee”. In other words, the Adjudicating Authority for both the corporate debtors and their personal guarantors would be the NCLT and not the DRT.

29/05/2022

Jabalpur Advocates Jabalpur Lawyers and Legal Services, Legal Categories 1. Adoption (i) Adoption in Hindus (ii) Adoption in other religions 2. Appeals (i) Introduction to Appeals (ii) Supreme Court Appeals (iii) High Court Appeals 3. Banking & Insurance (i) Insurance (ii) Securitization Act 2002 4. Business & Commercial Law (i) Contract (ii) Dishonor of Cheque (iii) Partnership (iv) Shares (v) Foreign Exchange Management Act (FEMA) (vi) Carriage of Goods (vii) Sale of Goods 5. Constitution & Law Procedure (i) Suits (ii) Suit Procedure (iii) Civil Procedure Code Relief (iv) Civil Procedure Code Jurisdiction (v) Public Interest Litigation 6. Consumer Rights (i) Food Adulteration (ii) Monopolistic and Restrictive Trade Practice (MRTP) (iii) Consumer Protection Act (iv) Medical Negligence (v) Standard Weight and Measures 7. Corporate Law (i) Arbitration (ii) Society Act (iii) Incorporation of a Private Company (iv) Winding up of Company (v) Litigation against Company (vi) Trust and Society 8. Criminal Law (i) Anticipatory Bail (ii) Arrest and Warrants (iii) Bail and Antcipatory Bail (iv) Summons (v) FIR (vi) Investigation (vii) Adultery (viii) Adulteration of Drugs (ix) Adulteration of food or drink intended for sale (x) Causing death by negligence (xi) Cheating and dishonestly inducing delivery of property (xii) Concealment of former marriage (xiii) Criminal Misappropriation of property (xiv) Defamation (xv) Defense of property (xvi) Dowry death (xvii) Extortion (xviii) Forgery (xix) Husband or relative subjecting the women to cruelty (xx) Kidnapping (xxi) Marrying again during the lifetime of husband or wife (xxii) Nuisance (xxiii) Obscene Acts and Songs (xxiv) R**e (xxv) Rash driving or riding on a public way (xxvi) Right of Private Defense (xxvii) Right of Private Defense against deadly assault when there is risk of harm to innocent person (xxviii) Right of Private Defense against the act of a person of unsound mind (xxvi) Right of Private Defense of the body and of property (###) Sale etc. of obscene books (###i) Selling goods marked with counterfeit Property Mark (###ii) Theft (###iii) When the right of private defense of the body extends to causing death 9. Divorce Laws in India (i) India Divorce (ii) Divorce Laws in India (iii) Pre- Divorce Preparation (iv) Filing for Divorce in India (v) Divorce Procedure in India (vi) Mutual Divorce in India (vii) Grounds for Divorce in India (viii) Divorce Lawyers in India (ix) Divorce rate in India (x) Divorce rate in Urban India (xi) Alimony in India (xii) NRI Divorce (xiii) Child Support (xiv) Dealing with Divorce (xv) Advice on Divorce (xvi) Divorce Depression (xvii) Adultery Divorce 10. Environmental Law (i) Air Pollution (ii) Wild Life Protection (iii) Environment Protection 11. Government Policies (i) Foreign Trade Policy 2005 (ii) Dual Citizenship 12. Inheritance (i) Hindu Succession Act (ii) Inheritance and I.S.A (iii) Inheritance in Muslims (iv) Wills in Muslims (v) Wills under Indian Succession Act (vi) Probate of Wills 13. Intellectual Property (i) Intellectual Property Rights (ii) Copyright Laws in India (iii) Patent Laws in India (iv) Trademark Laws in India (v) Information Technology Act (vi) Service Marks 14. Labor Law (i) Child Labor Laws (ii) Employees State Insurance Act (iii) Workmen’s Compensation (iv) Provident Fund (v) Maternity Benefits (vi) Payment of Bonus (vii) Sexual harassment at workplace (viii) Trade Unions 15. Marriage Law (i) Divorce under Hindu Marriage Act (ii) Divorce in Muslims (iii) Dowry (iv) Family Courts (v) Muslim Women’s right to maintenance (vi) Hindu Marriage Act (vii) Maintenance U/S 125 (viii) Maintenance in Hindus (ix) Registered Marriage (x) Marriage in Muslims 16. Personal Law (i) Gifts under Hindu Law 17. Property & Real Estate (i) Sale of Property (ii) Lease (iii) Mortgage (iv) Hire Purchase 18. Tax Laws (i) Central Excise (ii) Custom Duty (iii) Income Tax (iv) Laws of anti dumping in India (v) Service Tax (vi) Indian Value Added Tax (VAT)

15/03/2022

Advocate in Jabalpur, Lawyer in Jabalpur, Law Office in Jabalpur, High Court, CAT, DRT Lawyer Jabalpur NCLT, Central Govt. Industrial Tribunal cm Labour Courts. AJAY GAUTAM, Advocate Jabalpur High Court, DRT Lawyer Jabalpur Address: T 19, Block A, Satyamev Jayate Complex, Tahsil Chowk, near High Court Jabalpur, M.P. 482001 Address: Sikshak Congress, Bagmugaliya, Bhopal, M.P. 462043 Address: 83, Gulwara, Katni, M.P. 483501 Area of Practice: NCLT National Company Law Tribunal Advocates Lawyers, National Company Law Tribunal/ NCLT/ NCLAT Lawyers In Jabalpur, Banking Law, Criminal Law, Arbitration Law, Consumer Law, Constitutional Law, Corporate Law, Civil Law, RERA. Court Practicing: M.P. High Court Jabalpur, M.P. Arbitration Tribunal Bhopal, Debts Recovery Tribunal, CAT Jabalpur, District and Session Court (Bhopal, Jabalpur, Katni), Consumer Disputes Redressal Commission Bhopal, RERA, C.G.I.T.cum Labour Courts. Jabalpur Advocates, Property Lawyer in Jabalpur, MP High Court Advocate list, Best Advocate in Jabalpur, Best Advocate in Jabalpur High Court, Jabalpur High Court Advocate List, Top Family Lawyers in Jabalpur, Jabalpur Advocates Phone Numbers, Jabalpur High Court Advocate Contact Number, Arbitration Lawyer Advocate, Jabalpur, Arbitration Lawyers Advocates, Bhopal, Arbitration Tribunal, Top family Lawyers in Jabalpur, Top 10 criminal Lawyers in Jabalpur, Criminal Lawyer in Jabalpur, Best criminal Lawyer in Jabalpur, Top Lawyers in Jabalpur, Top Advocate in Jabalpur, Jabalpur Advocate mobile number, Best Advocate in Jabalpur high court, Female Advocate Jabalpur, High court Advocate mobile number, Phone: 09993698595, 07974026721 Debts Recovery Tribunals and Debts Recovery Appellate Tribunals The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions. Best Advocate in Bhopal, Civil Advocate in Bhopal, Senior Advocates in Bhopal, Divorce Advocate in Bhopal, Top Criminal Lawyers in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, Best Divorce Lawyer in Bhopal, Property Lawyer in Bhopal, Best Property Lawyer in Bhopal, Top Lawyers in Bhopal, Civil Advocate in Bhopal, Divorce Lawyer in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson respectively. The post of Presiding Officer is equivalent to a District Judge and the post of Chairperson is equivalent to that of a High Court Judge. Debt Recovery Laws Recovery of Debts Due to Banks and Financial Institutions (RDDBFI Act), 1993 is an Act to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto. Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest (SARFAESI)Act, 2002 is an Act to regulate securitisation and reconstruction offinancial assets and enforcement of security interest and for matters connected therewith or incidental thereto. Debts Recovery Tribunals and Debts Recovery Appellate Tribunals The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts Due to Banks and Financial Institutions Act (RDDBFI Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institution. At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson, respectively. The post of Presiding Officer is equivalent to a District Judge, while that of the Chairperson is equivalent to a High Court Judge. 1 The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing Rules, 2020 2 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2020 3 The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing Rules, 2020 4 Notification No. S.O 103(E) dated 2.2.2007 – Security Interest (Enforcement) Amendment Rules, 2007 5 Notification No.1043(E), 1044(E), 1045(E), 1046|(E) and 1047 (E) dated 03.11.2016 regarding various amendments in DRAT and DRT Procedural Rules 6 Notification No. S.O 1837(E) dated 26.10.2007 – Security Interest (Enforcement) Amendment Rules, 2007 7 Notification GSR102(E) dated 22.1.16 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2016 8 Notification No. S.O 310(E) dated 15.5.2013 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2013 9 Debts Recovery Appellate Tribunal Recruitment Rules for Group C & D Posts 10 Debts Recovery Appellate Tribunal Recruitment Rules for Group A & B Posts 11 Debts Recovery Tribunals Recruitment Rules for Group C & D Posts 12 Debts Recovery Tribunals Recruitment Rules for Group A & B Posts 13 Debts Recovery Tribunals (Procedure for Investigation of Misbehavior or Incapacity of PO) Rules, 2012 14 Notification No. G.S.R 276(E) dated 31.3.2011 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2011 15 Debts Recovery Appellate Tribunal (Procedure for appointment as Chairperson of the Appellate Tribunal Amendment Rules), 2011 16 Debts Recovery Tribunals ( Procedure for Investigation of Misbehaviour or incapacity of Presiding Officer ) Rules, 2010 17 Debts Recovery Tribunals (Procedure for Appointment as PO of the Tribunal Amendment Rules), 2010 18 Debts Recovery Tribunals (Salaries allowances and other terms and conditions of service of Presiding Officer Amendment Rules), 2008 19 Debts Recovery Appellate Tribunal (Procedure for the appointment of Chairperson of the Appellate Tribunal)amendment Rules ,2005 20 Notification No. S.O 1020(E) dated 20th Sept 2002 – Security Interest (Enforcement) Rules, 2002 21 Debts Recovery Tribunals (Procedure for appointment as PO of the Tribunal Amendment Rules), 2000 22 Debts Recovery Appellate Tribunals (Procedure for appointment as Chairperson of the Appellate Tribunal Amendment Rules), 2000 23 Debts Recovery Appellate Tribunals (Procedure for appointment as Chairperson of the Appellate Tribunal Rules), 1998 24 Debts Recovery Tribunal (Procedure for the appointment of Presiding Officer of the Tribunal) Rules,1998 25 Debts Recovery Tribunal (Procedure) Amendment Rules, 1997 26 Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997 27 Debts Recovery Tribunals (Procedure) Amendment Rules, 1994 28 Debts Recovery Appellate Tribunals( Salaries, allowances and other conditions of Service of the officers and employees Rules), 1993 29 Debts Recovery Tribunals (Salaries, Allowances and other conditions of service of the Recovery Officer and other officer and employees) Rules, 1993 30 Debts Recovery Tribunals (Salaries, Allowances and other terms and conditions of service of the Presiding Officer) Rules 1993 31 Debts Recovery Appellate Tribunals (Salaries, Allowances and other terms and conditions of service of the Chairperson) Rules, 1993 32 Debts Recovery Tribunal (Procedure) Rules, 1993 The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) provides speedy redressal to lenders and borrowers through filing of Original Applications (OAs) in Debts Recovery Tribunals (DRTs) and appeals in Debts Recovery Appellate Tribunals (DRATs). The Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides access to banks and financial institutions covered under the Act for recovery of secured debts from the borrowers without the intervention of the Courts at the first stage. Securitisation Appeals (SAs) can be filed with the DRTs by those aggrieved against action taken by secured creditors under the SARFAESI Act. There are 39 DRTs and 5 DRATs, which are single Member Tribunals. The jurisdiction of DRATs and list of DRTs is as below: Tribunal Jurisdictions DRAT Allahabad (Jurisdiction over 6 DRTs) DRT Allahabad DRT Dehradun DRT Jabalpur DRT Lucknow DRT Patna DRT Ranchi DRAT Chennai (Jurisdiction over 9 DRTs) DRT Chennai-1 DRT Chennai-2 DRT Chennai-3 DRT Bengaluru-1 DRT Bengaluru-2 DRT Coimbatore DRT Ernakulam-1 DRT Ernakulam-2 DRT Madurai DRAT Delhi (Jurisdiction over 7 DRTs) DRT Delhi-1 DRT Delhi-2 DRT Delhi-3 DRT Chandigarh-1 DRT Chandigarh-2 DRT Chandigarh-3 DRT Jaipur DRAT Kolkata (Jurisdiction over 9 DRTs) DRT Kolkata-1 DRT Kolkata-2 DRT Kolkata-3 DRT Hyderabad-1 DRT Hyderabad-2 DRT Visakhapatnam DRT Siliguri DRT Cuttack DRT Guwahati DRAT Mumbai (Jurisdiction over 8 DRTs) DRT Mumbai-1 DRT Mumbai-2 DRT Mumbai-3 DRT Ahmedabad-1 DRT Ahmedabad-2 DRT Aurangabad DRT Nagpur DRT Pune Best Advocate in Bhopal, Civil Advocate in Bhopal, Senior Advocates in Bhopal, Divorce Advocate in Bhopal, Top Criminal Lawyers in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate 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Industrial Tribunal cm Labour Courts. AJAY GAUTAM, Advocate Jabalpur High Court, DRT Lawyer Jabalpur Address: T 19, Block A, Satyamev Jayate Complex, Tahsil Chowk, near High Court Jabalpur, M.P. 482001 Address: Sikshak Congress, Bagmugaliya, Bhopal, M.P. 462043 Address: 83, Gulwara, Katni, M.P. 483501 Area of Practice: Banking Law, Criminal Law, Arbitration Law, Consumer Law, Constitutional Law, Corporate Law, Civil Law, RERA. Court Practicing: M.P. High Court Jabalpur, M.P. Arbitration Tribunal Bhopal, Debts Recovery Tribunal, CAT Jabalpur, District and Session Court (Bhopal, Jabalpur, Katni), Consumer Disputes Redressal Commission Bhopal, RERA, C.G.I.T.cum Labour Courts. 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Best Advocate in Bhopal, Civil Advocate in Bhopal, Senior Advocates in Bhopal, Divorce Advocate in Bhopal, Top Criminal Lawyers in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, Best Divorce Lawyer in Bhopal, Property Lawyer in Bhopal, Best Property Lawyer in Bhopal, Top Lawyers in Bhopal, Civil Advocate in Bhopal, Divorce Lawyer in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson respectively. The post of Presiding Officer is equivalent to a District Judge and the post of Chairperson is equivalent to that of a High Court Judge. Debt Recovery Laws Recovery of Debts Due to Banks and Financial Institutions (RDDBFI Act), 1993 is an Act to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto. Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest (SARFAESI)Act, 2002 is an Act to regulate securitisation and reconstruction offinancial assets and enforcement of security interest and for matters connected therewith or incidental thereto. Debts Recovery Tribunals and Debts Recovery Appellate Tribunals The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts Due to Banks and Financial Institutions Act (RDDBFI Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institution. At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals (DRATs) are functioning across the country. Each DRT and DRAT are headed by a Presiding Officer and a Chairperson, respectively. The post of Presiding Officer is equivalent to a District Judge, while that of the Chairperson is equivalent to a High Court Judge. 1 The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing Rules, 2020 2 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2020 3 The Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing Rules, 2020 4 Notification No. S.O 103(E) dated 2.2.2007 – Security Interest (Enforcement) Amendment Rules, 2007 5 Notification No.1043(E), 1044(E), 1045(E), 1046|(E) and 1047 (E) dated 03.11.2016 regarding various amendments in DRAT and DRT Procedural Rules 6 Notification No. S.O 1837(E) dated 26.10.2007 – Security Interest (Enforcement) Amendment Rules, 2007 7 Notification GSR102(E) dated 22.1.16 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2016 8 Notification No. S.O 310(E) dated 15.5.2013 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2013 9 Debts Recovery Appellate Tribunal Recruitment Rules for Group C & D Posts 10 Debts Recovery Appellate Tribunal Recruitment Rules for Group A & B Posts 11 Debts Recovery Tribunals Recruitment Rules for Group C & D Posts 12 Debts Recovery Tribunals Recruitment Rules for Group A & B Posts 13 Debts Recovery Tribunals (Procedure for Investigation of Misbehavior or Incapacity of PO) Rules, 2012 14 Notification No. G.S.R 276(E) dated 31.3.2011 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) (Amendment) Rules, 2011 15 Debts Recovery Appellate Tribunal (Procedure for appointment as Chairperson of the Appellate Tribunal Amendment Rules), 2011 16 Debts Recovery Tribunals ( Procedure for Investigation of Misbehaviour or incapacity of Presiding Officer ) Rules, 2010 17 Debts Recovery Tribunals (Procedure for Appointment as PO of the Tribunal Amendment Rules), 2010 18 Debts Recovery Tribunals (Salaries allowances and other terms and conditions of service of Presiding Officer Amendment Rules), 2008 19 Debts Recovery Appellate Tribunal (Procedure for the appointment of Chairperson of the Appellate Tribunal)amendment Rules ,2005 20 Notification No. S.O 1020(E) dated 20th Sept 2002 – Security Interest (Enforcement) Rules, 2002 21 Debts Recovery Tribunals (Procedure for appointment as PO of the Tribunal Amendment Rules), 2000 22 Debts Recovery Appellate Tribunals (Procedure for appointment as Chairperson of the Appellate Tribunal Amendment Rules), 2000 23 Debts Recovery Appellate Tribunals (Procedure for appointment as Chairperson of the Appellate Tribunal Rules), 1998 24 Debts Recovery Tribunal (Procedure for the appointment of Presiding Officer of the Tribunal) Rules,1998 25 Debts Recovery Tribunal (Procedure) Amendment Rules, 1997 26 Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997 27 Debts Recovery Tribunals (Procedure) Amendment Rules, 1994 28 Debts Recovery Appellate Tribunals( Salaries, allowances and other conditions of Service of the officers and employees Rules), 1993 29 Debts Recovery Tribunals (Salaries, Allowances and other conditions of service of the Recovery Officer and other officer and employees) Rules, 1993 30 Debts Recovery Tribunals (Salaries, Allowances and other terms and conditions of service of the Presiding Officer) Rules 1993 31 Debts Recovery Appellate Tribunals (Salaries, Allowances and other terms and conditions of service of the Chairperson) Rules, 1993 32 Debts Recovery Tribunal (Procedure) Rules, 1993 The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) provides speedy redressal to lenders and borrowers through filing of Original Applications (OAs) in Debts Recovery Tribunals (DRTs) and appeals in Debts Recovery Appellate Tribunals (DRATs). The Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides access to banks and financial institutions covered under the Act for recovery of secured debts from the borrowers without the intervention of the Courts at the first stage. Securitisation Appeals (SAs) can be filed with the DRTs by those aggrieved against action taken by secured creditors under the SARFAESI Act. There are 39 DRTs and 5 DRATs, which are single Member Tribunals. The jurisdiction of DRATs and list of DRTs is as below: Tribunal Jurisdictions DRAT Allahabad (Jurisdiction over 6 DRTs) DRT Allahabad DRT Dehradun DRT Jabalpur DRT Lucknow DRT Patna DRT Ranchi DRAT Chennai (Jurisdiction over 9 DRTs) DRT Chennai-1 DRT Chennai-2 DRT Chennai-3 DRT Bengaluru-1 DRT Bengaluru-2 DRT Coimbatore DRT Ernakulam-1 DRT Ernakulam-2 DRT Madurai DRAT Delhi (Jurisdiction over 7 DRTs) DRT Delhi-1 DRT Delhi-2 DRT Delhi-3 DRT Chandigarh-1 DRT Chandigarh-2 DRT Chandigarh-3 DRT Jaipur DRAT Kolkata (Jurisdiction over 9 DRTs) DRT Kolkata-1 DRT Kolkata-2 DRT Kolkata-3 DRT Hyderabad-1 DRT Hyderabad-2 DRT Visakhapatnam DRT Siliguri DRT Cuttack DRT Guwahati DRAT Mumbai (Jurisdiction over 8 DRTs) DRT Mumbai-1 DRT Mumbai-2 DRT Mumbai-3 DRT Ahmedabad-1 DRT Ahmedabad-2 DRT Aurangabad DRT Nagpur DRT Pune Best Advocate in Bhopal, Civil Advocate in Bhopal, Senior Advocates in Bhopal, Divorce Advocate in Bhopal, Top Criminal Lawyers in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, Best Divorce Lawyer in Bhopal, Property Lawyer in Bhopal, Best Property Lawyer in Bhopal, Top Lawyers in Bhopal, Civil Advocate in Bhopal, Divorce Lawyer in Bhopal, Criminal Lawyer in Bhopal, Top 10 Advocate in Bhopal, Anticipatory Bail lawyers in Bhopal Arbitration lawyers in Bhopal Cheque Bounce lawyers in Bhopal Child Custody lawyers in Bhopal Consumer Court lawyers in Bhopal Corporate lawyers in Bhopal Criminal lawyers in Bhopal Divorce lawyers in Bhopal Domestic Violence lawyers in Bhopal Family lawyers in Bhopal Labour & Service lawyers in Bhopal Motor Accident lawyers in Bhopal Property lawyers in Bhopal Recovery lawyers in Bhopal Startup lawyers in Bhopal Supreme Court lawyers in Bhopal Trademark & Copyright lawyers in Bhopal, Anticipatory Bail lawyers in Jabalpur, Arbitration lawyers in Jabalpur, Cheque Bounce lawyers in Jabalpur, Child Custody lawyers in Jabalpur, Civil lawyers in Jabalpur, Consumer Court lawyers in Jabalpur, Criminal lawyers in Jabalpur, Divorce lawyers in Jabalpur, Family lawyers in Jabalpur, Labour & Service lawyers in Jabalpur, Landlord Tenant lawyers in Jabalpur, Property lawyers in Jabalpur, Recovery lawyers in Jabalpur, Startup lawyers in Jabalpur, Wills Trusts lawyers in Jabalpur, Top family Lawyers in Jabalpur, Top 10 criminal Lawyers in Jabalpur, Criminal Lawyer in Jabalpur, Best criminal Lawyer in Jabalpur, Top Lawyers in Jabalpur, Top Advocate in Jabalpur, Best Advocate in Jabalpur high court, DRT Jabalpur Advocates Lawyers, DRT Delhi Advocates Lawyers, DRAT Jabalpur Advocates Lawyers, DRAT Delhi Advocates Lawyers, DRT Jabalpur Advocates, DRT Delhi Advocates, DRT Jabalpur Lawyers, DRT Delhi Lawyers, DRT Advocates Lawyers, DRAT Advocates Lawyers, DRT Lawyers, DRT Advocates, DRAT Advocates, DRAT Lawyers, Lawyers in Jabalpur City, Jabalpur Lawyers in Napier Town, Jabalpur Lawyers in Adhartal, Jabalpur Lawyers in Bai Ka Bagicha, Jabalpur Lawyers in Ranjhi, Jabalpur Lawyers in Wright Town, Jabalpur Lawyers in Civil Lines, Jabalpur Lawyers in High Court, Jabalpur Lawyers in Gorakhpur, Jabalpur Lawyers in Naya Mohalla, Jabalpur Lawyers in Vijay Nagar, Jabalpur Lawyers in Ganjipura, Jabalpur Lawyers in Gupteshwar, Jabalpur Lawyers in Anand Nagar, Jabalpur Lawyers in Polipathar, Jabalpur Lawyers in Medical College Colony, Jabalpur, DRT: Debt Recovery Tribunal, DRAT: Debt Recovery Appellate Tribunal The Debt Recovery Tribunals have been established by the Government of India under an Act of Parliament (Act 51 of 1993) for expeditious adjudication and recovery of debts due to banks and financial institutions. The Debt Recovery Tribunal is also the appellate authority for appeals filed against the proceedings initiated by secured creditors under the Securatizaton and Reconstruction of Financial Assets and Enforcement of Security Interest Act. DRT Act & Rules (Debt Recovery Act) The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 The Security Interest (Enforcement) Rules, 2002 The Debts Recovery Tribunal (Procedure) Rules, 1993 The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 The Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997 The Debts Recovery Appellate Tribunal (Financial and Administrative Power) Rules, 1997 The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Removal of Difficulties) Order, 2004 The Securitisation Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions, 2003 Forms of Application for Registration of Securitisation/Reconstruction Companies Revised Guidelines for Compromise Settlement of Chronic Non-Performing Assets (NPAs) of Public Sector Banks Relevant Provision of Enactments Amended/Refered The Securities and Exchange Board of India Act, 1992, (15 of 1992) The Sick Industrial Companies (Special Provision) Act (SICA), 1985 There are five DRAT: Debt Recovery Appellate Tribunals in India, situated at Allahabad, Delhi, Mumbai, Kolkata and Chennai. DRATs are appellate tribunals For DRT: Debt Recovery Tribunals. In India there are more than 33 DRTs: Debt Recovery Tribunals, situated at different State/City. DRT Tribunal, Bankruptcy Court, DRT Court DRT is Tribunal not a Court. The Debt Recovery Tribunals have been established by the Government of India under an Act of Parliament (Act 51 of 1993) for expeditious adjudication and recovery of debts due to banks and financial institutions. In India there is nothing like DRT court & Bankruptcy Court DRATs in India Debt Recovery Appellate Tribunal Allahabad (DRAT Allahabad) Debt Recovery Appellate Tribunal Chennai (DRAT Chennai) Debt Recovery Appellate Tribunal Delhi (DRAT Delhi) Debt Recovery Appellate Tribunal Kolkata (DRAT Kolkata) Debt Recovery Appellate Tribunal Mumbai (DRAT Mumbai) DRTs in India Debt Recovery Tribunal Ahmedabad (DRT 1 Ahmedabad) Debt Recovery Tribunal Chandigarh (DRT 1 Chandigarh) Debt Recovery Tribunal Chennai (DRT 1 Chennai) Debt Recovery Tribunal Delhi (DRT 1 Delhi) Debt Recovery Tribunal Kolkata (DRT 1 Kolkata) Debt Recovery Tribunal Mumbai (DRT 1 Mumbai) Debt Recovery Tribunal Ahmedabad (DRT 2 Ahmedabad) Debt Recovery Tribunal Chandigarh (DRT 2 Chandigarh) Debt Recovery Tribunal Chennai (DRT 2 Chennai) Debt Recovery Tribunal Delhi (DRT 2 Delhi) Debt Recovery Tribunal Kolkata (DRT 2 Kolkata) Debt Recovery Tribunal Mumbai (DRT 2 Mumbai) Debt Recovery Tribunal Chennai (DRT 3 Chennai) Debt Recovery Tribunal Delhi (DRT 3 Delhi) Debt Recovery Tribunal Kolkata (DRT 3 Kolkata) Debt Recovery Tribunal Mumbai (DRT 3 Mumbai) Debt Recovery Tribunal Allahabad (DRT Allahabad) Debt Recovery Tribunal Aurangabad (DRT Aurangabad) Debt Recovery Tribunal Bangalore (DRT Bangalore) Debt Recovery Tribunal Coimbatore (DRT Coimbatore) Debt Recovery Tribunal Cuttack (DRT Cuttack) Debt Recovery Tribunal Earnakulam (DRT Earnakulam) Debt Recovery Tribunal Guwahati (DRT Guwahati) Debt Recovery Tribunal Hyderabad (DRT Hyderabad) Debt Recovery Tribunal Jabalpur (DRT Jabalpur) Debt Recovery Tribunal Jaipur (DRT Jaipur) Debt Recovery Tribunal Lucknow (DRT Lucknow) Debt Recovery Tribunal Madurai (DRT Madurai) Debt Recovery Tribunal Nagpur (DRT Nagpur) Debt Recovery Tribunal (DRT Patna) Debt Recovery Tribunal (DRT Pune) Debt Recovery Tribunal (DRT Ranchi) Debt Recovery Tribunal (DRT Vishakapatnam) Following Appeals can be filed in DRAT: Against the final orders passed by the Presiding Officers of various DRTs. Against Interim orders/directions given by the Presiding Officers of various DRTs. Against orders on MA/IA/Appeal against RO’s orders, etc passed by the Presiding Officers of various DRTs. Against orders on appeals filed under The Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, passed by the Presiding Officers of various DRTs. Applications under subsection (6) of section 17 of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. Important Abbreviations: NPA: Non-Performing Assets OTS: One Time Settlement BIFR: Board for Industrial and Financial Reconstruction AAIFR: Appellate Authority for Industrial and Financial Reconstruction RDBFI: The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 SARFAESI: The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 OD: Over Due Debt Meaning & Definition: Debt is that which is owed; usually referencing assets owed, but the term can also cover moral obligations and other interactions not requiring money. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned. Some companies and corporations use debt as a part of their overall corporate finance strategy. A debt is created when a creditor agrees to lend a sum of assets to a debtor. In modern society, debt is usually granted with expected repayment; in most cases, plus interest. Historically, debt was responsible for the creation of indentured servants. An amount owed to a person or organization for funds borrowed. Debt can be represented by a loan note, bond, mortgage or other form stating repayment terms and, if applicable, interest requirements. These different forms all imply intent to pay back an amount owed by a specific date, which is set forth in the repayment terms. Arbitration Definition Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all disputes to arbitration, without knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable. Conciliation Definition Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations. In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator. Alternative Dispute Resolution (ADR) Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includesdispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR are ways and methods of resolving disputes outside the judicial process (formal litigation – court). free format of reply us 13(3a) of sarfaesi act of 2002 to bank latest judgments on sarfaesi act 2020 30 days sale notice under sarfaesi act format of demand notice under sarfaesi act, 2002 any latest judgement in favour of borrower against bank sarfaesi 13(2) notice format notice under section 13(4) of sarfaesi act format sarfaesi 13(2) notice reply format