Recovery of Debts Due to Banks and Financial Institutions: Legal Framework in India

Abstract

The establishment and functioning of the Debt Recovery Tribunals plays a significant role in the matter of recovery of debts. The Debt Recovery Tribunal is expected to speed up the recovery process. The Tribunal shall help in the recovery of “Non Performing Assets” and shall speed up the recovery process. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (the Act) is more than 2 decades old. As with any legislation breaking new ground, the Act has been challenged in various fora including the High Courts for its summary nature, the ousting of the jurisdiction of the Civil Courts, the provisions which allow borrowers to proceed against the bank or financial institution in the Debt Recovery Tribunals (DRT) and of course the latest challenge to the constitutional validity of the Act. The Act of 1993 was, nevertheless, a welcome step taken by the legislature in ensuring speedy recovery of bank dues. Civil courts had come to the conclusion after decades of reviewing case law, that in almost all cases the suit instituted by banks and financial institutions, there is hardly any defense and that the delay in disposal of the cases in the court is not due to the fault of the banks or financial institutions.