The question (15 marks)
Describe the constitution, jurisdiction and procedure of the Debts Recovery Tribunal and the Debts Recovery Appellate Tribunal, and explain how far the ordinary courts are excluded. (15 marks)
MU Module 4, head 4.2; pack chapter on recovery of debts and the SARFAESI Act.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Negotiable Instruments and the Debt Recovery Tribunals of Law of Banking and Negotiable Instruments.
Authorities you will need
- Recovery of Debts Due to Banks and Financial Institutions Act 1993, ss. 1(4), 3 to 7, 17, 17A, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 30, 31, 34
- SARFAESI Act 2002, ss. 13(10), 17, 18, 34
- Mardia Chemicals Ltd. v. Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.