Orders of a Debt Recovery Tribunal can be a harsh reality for borrowers, guarantors, companies, banks and finance companies. Oftentimes the issue is about possession of secured assets. Other cases involve liability to recover, auctions, debt calculations, procedural issues or unfavourable interim orders. After reaching the appeals level these small errors can become costly.
DRAT Kolkata hears appeals from orders passed by Debts Recovery Tribunals which fall under the jurisdiction of DRAT Kolkata. The nature of matters are typically related to disputes under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( SARFAESI ACT) and Recovery of Debts Due to Banks and Credit Institutions Act, 1993 (RDDBFI ACT)
Appeals for a borrower could mean their home, factory, commercial property or asset of their business facing foreclosure. For banks, ARCs and finance companies, appeals may involve recovery claims or an order issued by the Tribunal. This makes the Appealable record very important.
DRT Advocates has been helping clients with DRT and DRAT matters including SARFAESI appeals, Debt Recovery disputes, disputes related to pre-deposit condition, interim relief matters and contested recovery cases. Some matters are also discussed with Advocate BK Singh depending on subject matter and forum.
Latest DRAT Kolkata cause lists include cases from Debt Recovery Tribunals all over such as Kolkata,Dhruvatuli, Cuttack, Guwahati and Siliguri but you will see cases from other tribunals being heard by DRAT Kolkata during specific windows of time. This is because jurisdiction and administrative allotment can change based on the applicable tribunal as of the filing date and should not be confused if based on an older matter.
Why DRAT Kolkata Matters in 2026
An appeal is not a fresh prayer against the Debtor for repeating everything that was disputed before the DRT. Appeal is generally meant to be confined to challenge the legality and propriety of the order under appeal, the existing record, statutes involved and the grounds on which interference is prayed from the Appellate Tribunal.
That issue takes a special significance in SARFAESI matters. The borrower is often times already subjected to possession proceedings, auction notice, sale process or passed order (adverse to him) in a securitisation application before he approaches the Appellate Tribunal. Banks and financial institutions can also come in appeal against DRT orders that prevent them from enforcing their rights in any manner.
Delay also causes another problem. Questions relating to Limitation are one of the commonest areas where DRAT Kolkata deals and even the cause list issued by the Registry itself categorises the matters under specific heads like limitation & waiver.
One of the earliest concerns that DRT Advocates receives from their clients is whether the appeal is maintainable, is it been filed within time and does a statutory deposit need to be furnished. All these depend on what statute the original proceedings were initiated.
Quick Facts About DRAT Kolkata
- DRAT Kolkata is the Appellate Tribunal Sitting in Appeal over the Debts Recovery Tribunal in respect of matters under the relevant debts recovery legislation.
- Appeals under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the RDB Act") typically are preferred from orders passed by a DRT under the RDB Act.
- Appeals to the Appellate Tribunal under Section 18 of the SARFAESI Act from orders passed by the DRT under Section 17 of the SARFAESI Act.
- Orders requiring mandatory statutory pre-deposit before a borrower's SARFAESI appeal can be heard.
- For instance, under the RDB Act there is a separate provision regulating statutory pre-deposit requirements specifically under Section 21.
- Issues such as Limitation, waiver, interim protection from attaching property and compliance are commonly encountered at the appellate stage.
- Cause Lists published by officials list DRAT Kolkata located at 9, Old Post Office Street, 7th Floor, Kolkata – 700001.
What Is DRAT Kolkata?
The Debt Recovery Appellate Tribunal (DRAT) is a statutory appellate tribunal that hears appeals against orders of Debts Recovery Tribunals which satisfy the criteria of a “qualifying order”.
Translated to plain English, if a party is aggrieved by an order of a DRT (Debt Recovery Tribunal), that party (if allowed by the statute governing the proceedings before the DRT), may file an appeal before the relevant DRAT praying that tribunal to confirm, modify or set aside the order of the DRT.
However, for an appeal to be entertained, there must exist legally tenable grounds to challenge the order.
Being unhappy with the DRT order is not a ground.
The RDDB & BF Act, specifically states that a person aggrieved by an order of a Tribunal may file an appeal to the Appellate Tribunal having jurisdiction subject to certain statutory exceptions and conditions. Section 20 further says that the Appellate Tribunal shall have the power to confirm, modify or set aside the order appealed from.
For DRAT matters, it’s very common for Advocates to start preparing the appeal at the DRT stage itself. While drafting the pleadings before the DRT, one keeps in mind the DRT Order and hence once the DRT order is passed the pleadings, applications, evidence, chronology, recovery documents and objections filed before the Tribunal are read against the order.
Which Matters Can Reach DRAT Kolkata?
DRAT Kolkata entertains various types of debt recovery appeals based on the subject matter of original proceedings and territorial or administrative jurisdiction of the respective times.
Following are some disputes heard before DRAT Kolkata:
- appeals from orders passed in securitisation applications as per SARFAESI Act;
- cases related to possession and sale of secured asset;
- appeals from original applications filed for recovery purposes;
- issues related to recovery from guarantors;
- disputes related to the amount awarded as recoverable;
- appeals against an interim order or final order of a DRT;
- delay or limitation applications;
- statutory pre-deposit issues;
- applications for interim relief sought during appeal;
- applications for restoration / miscellaneous applications related to pending appeals before DRAT.
Official Cause List for 20|26 list DRAT Kolkata managing Regular Appeals, Miscellaneous Appeals, matters related to Limitation, waiver and restoration.
Consultation with DRT lawyers therefore begins with an analysis of the original DRT Number and the act under which order was disputed.
What Is the Legal Framework for a DRAT Kolkata Appeal?
Two legislation dominate DRAT practice: The Recovery of Debts and Bankruptcy Act, 1993 (“RDB Act”) and the SARFAESI Act, 2002. Though both deal with banking recovery disputes, practitioners cannot afford to treat appellate provisions under both enacts as identical.
Appeals Under RDB Act
Appeals to DRAT are governed by Section 20 of the RDB Act which states that, appeal against an order made, or deemed to have been made, by a Tribunal under this Act, shall lie to the Appellate Tribunal, subject to, and in accordance with the provisions of this section. An appeal shall be entertained by the Appellate Tribunal having jurisdiction and ordinarily such appeal shall be filed within a period of 30 days from the date on which a copy of the order appealed against is received by the appellant. Appellate Tribunal may entertain an appeal after the expiry of the said period of 30 days if the Appellant satisfies it that he had sufficient cause for not filing it within that period. However, an order passed by the DRT with the consent of parties will not attract an appeal as per Section 20(2) which says that no appeal shall lie from an order so made.
This distinction becomes critical in case of a recovery order which records the terms of a consent arrangement/ settlement or agreed position.
Pre-Deposit Under Section 21 of RDB Act
Section 21 mandates a pre-condition of a deposit for certain appellants against whom debt is pending.
Section 21 states that no appeal by any person from whom an amount of debt is due to a bank or financial institution shall be entertained by the Appellate Tribunal unless 50% of the debt as determined by the Tribunal under Section 19 has been deposited with the Appellate Tribunal.
DRAT has the powers to condone the shortfall for reasons to be recorded in writing but the reduced amount shall not be less than 25% of the debt due.
Careful consideration is required to be exercised while dealing with pre-deposit questions rather than disposing them as a routine matter. DRT Advocates may consider checking the DRT order on the merit, examine the status of the appellant, statute invoked & grounds for any such request asking for reduction in percentage.
How Does a SARFAESI Appeal Reach DRAT Kolkata?
Under the SARFAESI Act, a person aggrieved by certain actions of a secured creditor typically first makes an application to the DRT under Section 17 of the SARFAESI Act. An appeal against the ensuing order of the DRT lies to the relevant Appellate Tribunal under Section 18 of the SARFAESI Act.
Appeal under Section 18 carries with it (for borrowers) a condition precedent to deposit.
Specifically, Section 18 mandates that the borrower deposit 50% of the debt allegedly due (or as quantified by DRT, if less) prior to the borrower’s appeal being heard. DRAT has the discretion to lower that percentage, for reasons to be recorded by it, down to 25%.
As a practical matter, this requirement is often one of the most commercially critical issues in a SARFAESI appeal. A borrower may have very real issues with the DRT order itself, but remain unable to make the statutorily required deposit. The legal issue is also somewhat distinct from simply asking the Tribunal to exercise its discretion and waive the requirement in its entirety. After all, the statute contemplates a minimum floor.
At DRT Advocates, we treat both the merits of the appeal and the pre-deposit issue as intertwined but separate issues.
Why Is Pre-Deposit Such an Important DRAT Issue?
Depends on pre-deposit whether borrower’s appeal is heard at all.
That is why it plays a crucial role in matters relating to big business loans, industrial premises, commercial properties and secured debt. Even 50% deposit can be huge.
But also, an application for condonation cannot be filed indiscriminately. Merely stating that you are short of funds won’t do. Documents such as the statutory debt amount, DRT order, secured creditors claim and grounds on which he relies needs to be analysed meticulously.
Appeals are also listed in the DRAT Kolkata daily cause list itself under the title WAIVER or LIMITATION/ WAIVER as the case may be, showing the real world significance of deposit linked petitions before the appellate tribunal.
Advocates appearing before DRT are thus often instructed to bring along the entire record of documents both financial and procedural instead of just the challenged order.
Can DRAT Kolkata Grant Interim Protection?
Interim relief may become important where enforcement is ongoing during the pendency of an appeal.
Ongoing enforcement could include an impending auction, threatened confirmation of sale, possession, further recovery action or implementation of an adverse DRT direction. The legal availability and appropriateness of interim relief depends on the facts, procedural posture and governing statute.
Filing an appeal does not automatically stay the DRT order.
The application for interim protection will typically need to address the order complained of, the immediate prejudice alleged, the stage of enforcement and the legal grounds supporting issuance of temporary relief.
Drafting such applications, DRT Advocates keeps the interim request connected to the underlying appellate controversy, instead of presenting a stay request as a separate dispute.
No interim stay can be promised. The issuance of such relief is discretionary and fact and law specific.
What Happens If the Appeal Is Filed Late?
Limitation is required to be verified right away after the receipt of DRT order.
Appeal is required to be filed within a period of 30 days from the date of receipt of copy of the order of DRT as per section 20 Recovery of Debts and Bankruptcy Act extends the statutory period limit in which an appeal can be filed. The Appellate Tribunal also has the powers to entertain an appeal after the expiry of the above period if sufficient cause is shown for delay.
Limitation law applicable for filing a SARFAESI appeal has to be seen in light of SARFAESI act and the judgements passed on it.
Excuse for delay can never be given a brush off treatment.
The appellant has to prove his own version by filing a chronology with material evidencing as to why he wasn’t able to file the appeal timely. Vague statements based on facts which are not dated or supported by any document will land you in trouble.
Orders stating limitation alone being heard are a common sight in the DRAT Kolkata cause lists.
That’s why most DRT Counsel verify the date of the order, date of receipt, date of details on certified copy, correspondent with advocates and filing history right at the start.
What Documents Are Important for a DRAT Kolkata Matter?
DRAT appeals are heavy on documents. These would vary depending on whether the matter in dispute arose out of an OA, SA, recovery proceeding or some other matter before the DRT. However, a non-exhaustive checklist would include:
- copy of the challenged DRT order
- complete set of DRT pleadings
- securitisation application / original application
- replies, rejoinders and written submissions
- any relevant interim applications
- demand notice issued u/s 13(2) of SARFAESI Act, if applicable
- notice of possession
- notice of auction / sale
- loan and security documentation
- mortgage documents
- account statements
DRAT Advocates will also consider whether a particular argument/punch you may be making before DRAT was actually argued before the DRT. As appellate review is generally confined to the record.
Why the DRT Record Matters in an Appeal
Appeal deals with the order under appeal.
If an appellant alleges that DRT did not take into consideration a material document. Firstly we need to identify that document. Is it filed? Which pleading was it filed under? Once identified we need to read the part of order which deals with that issue.
Statement like "DRT did not listen to anything" is much less helpful than pinpointing the finding and specific record.
Applicable to appellant banks also. When they appeal against an order adversely affecting recovery. Grounds of appeal should reflect where exactly DRT is alleged to have erred.
DRT Advocates (premises consulted with Advocate BK Singh) specializes in mapping each ground of appeal to the specific order/ pleading/ document.
What Are Common Problems in DRAT Kolkata Appeals?
Coming late to DRAT is one mistake.
Filing an appeal without checking if there is a statutory pre-deposit is another. Many times the party focusses only on merits and are reminded of the financial health of the party only after having started the filing.
Poorly maintained records. Banks litigation can span multiple years. Loan documents,demand notices,possession suits,DRT petitions and interim orders get lost/shuffled around between branches,borrowers and ex counsel.
Attempting to plead an entirely new set of facts on appeal is another challenge.
Appeals are generally not considered to be a re-litigation of the case. So the appeal should not be used as a means to properly place before the DRT the dispute as it existed at the time of the original proceedings.
At DRT Advocates, preparation of chronology is treated as an integral part of the appeal process.
Does DRAT Kolkata Hear Only Kolkata DRT Cases?
Not always.
You need to verify exact appellate jurisdiction and administrative assignment for that period/tribunal.
Cause lists of Official 20 26 DRAT Kolkata has matters from Kolkata DRTs,Cuttack,Guwahati and Siliguri & even some lists have Hyderabad and Visakhapatnam matters from those tribunals as well.
Just because a matter is there, doesnt mean all matters from each of those tribunals will always be filed at DRAT Kolkata for all purposes/perpetuity.
Jurisdiction of tribunals ,additional charge and administrative assignments can vary. DRT Advocates verifies what is the applicable forum for fresh filing rather than refering to an older order/cause list blindly.
When Should You Consult a DRAT Lawyer?
Legal advice becomes imperative when the DRT order is passed and you wish to appeal against the order. Some other triggering points are :-
- a DRT has dismissed or partly dismissed your securitisation claim;
- the bank is moving ahead with auction post DRT order;
- an unfavourable recovery order is passed;
- you have received a certificate of recovery;
- a pre-deposit condition could be invoked;
- the filing window is about to expire;
- the appeal has already been challenged on the ground of limitation;
- an interim application has to be filed along with the appeal;
- a bank or financial institution wishes to appeal against a DRT order;
- DRAT has listed an existing matter for compliance/ waiver/ final hearing.
Getting ahead of the curve allows the lawyer adequate time to go through the record.
At DRT Advocates, we manage banking recovery cases with a keen understanding of the statutory framework and commercial implications at play.
How DRT Advocates Can Assist in DRAT Kolkata Matters
Advocates at DRT Advocates have represented clients in DRT and DRAT proceedings relating to borrowers, guarantors, companies, financial institutions and other parties to recovery disputes.
The work performed may have included reviewing the DRT order passed, understanding the underlying record, identifying issues on appeal, researching limitation and drafting the appellate brief.
In SARFAESI disputes, DRT Advocates has also reviewed the Section 17 process, actions by the secured creditor and statutory deposit condition precedent under Section 18.
For recovery cases under the RDB Act, the team has reviewed Sections 20 and 21, maintainability of appeal and the relevant deposit requirement.
If warranted, the matter may be discussed with Advocate BK Singh to evaluate the merits of the appellate issues.
Frequently Asked Questions About DRAT Kolkata
1. What is DRAT Kolkata?
DRAT Kolkata stands for Debt Recovery Appellate Tribunal Kolkata. As the name suggests DRAT Kolkata hears all eligible appeals from orders passed by the Debts Recovery Tribunals in its jurisdiction. DRAT Kolkata deals primarily with matters related to debt recovery and banking SARFAESI appellate disputes.
2. Who can approach DRAT Kolkata?
Borrower, Guarantor, bank/financial institution or any other person aggrieved by a DRT order can approach DRAT Kolkata if the law governing the appeal provides a right to appeal.
3. Can a borrower appeal against a DRT order before DRAT Kolkata?
Yes. If a borrower is aggrieved by an appealable order of the DRT he can approach the DRAT, keeping in mind limitation, maintainability and statutory pre-deposit requirements.
4. What kind of SARFAESI matters go to DRAT Kolkata?
Appeals for orders relating to possession of secured assets, auction/packing vaney orders, sale of mortgaged property, enforcement actions and other orders passed by DRT in applications under the SARFAESI Act, come before DRAT Kolkata.
5. Is pre-deposit required for filing a SARFAESI appeal?
If a borrower appeals an order passed under Section 17 of the SARFAESI Act before DRAT, then statutory pre deposit requirements are applicable to such an appeal, in most cases. The pre deposit amount required and prayer for reduction to be filed can be decided from the case record.
6. Can DRAT Kolkata reduce SARFAESI pre-deposit amount?
Yes. DRAT has powers to reduce the amount of prescribed deposit to a lower percentage, subject to reason to be recorded by DRAT. However, ordinarily the deposit cannot be reduced below 25%.
7. Is there any pre-deposit requirement if the proceeding is filed under RDB Act?
Yes. Under Section 21 of Recovery of Debts and Bankruptcy Act, there is a pre deposit requirement for certain appellants against whom debt has been adjudged to be due.
8. Can DRAT Kolkata waive off the statutory pre-deposit amount?
If the statute specifies a minimum pre deposit amount then DRAT cannot reduce the amount below the said statutory minimum. The provision under which appeal has been filed and facts of your case must be examined carefully.
9. Can DRAT Kolkata stop auction?
DRAT can be approached for interim relief where the matter is at the stage of auction/enforcement and such action is imminent. Filing an appeal will not automatically stop an auction.
10. Can DRAT Kolkata prevent possession of secured property?
Interim relief can be sought before DRAT against possession of secured property where such possession action is linked with the order being challenged. The relief to be granted will depend upon facts of the case, compliance with statutory requirements etc.
11. What is the time limit to file a DRAT appeal?
The Limitation for filing DRAT Appeal will depend upon the statute under which the appeal is made. Limitation for filing an appeal under Section 20 of Recovery of Debts and Bankruptcy Act is ordinarily 30 days from the date of receipt of DRT Order.
12. What if DRAT appeal is filed late?
Appeal filed beyond the prescribed period of limitation will invite a limitation objection. If the law allows condonation of delay, then the appellant is required to bring forth sufficient reasons for the delay. Appellant is required to file a clear and credible chronology along with supporting material.
13. What documents are needed for DRAT Kolkata appeal?
Documents generally required are Order of the DRT, pleadings and other interim orders passed by DRT along with loan documents, notices served by the bank, bank statements and any other documents related to Limitation/pre-deposit issues.
14. Can new documents be produced before DRAT Kolkata?
Appeal before DRAT are generally based on the DRT record. Incorporation of new material will depend on facts of your case, the procedure to be followed and reasons for not producing them earlier.
15. Can DRAT Kolkata alter DRT Order?
Yes, DRAT has powers to alter the DRT order where it has jurisdiction to hear the appeal. DRAT can confirm, modify or set aside the order passed by DRT before it depending on the statute under which appeal is filed and facts of the case.
16. Can bank file an appeal before DRAT Kolkata?
Yes. Banks/financial institutions can file an appeal before DRAT Kolkata against any appealable order passed by DRT in which they are aggrieved. For example, if DRT has passed an order affecting the banks right to recover or enforce the security then banks can challenge such order.
17. Can Guarantor file an appeal before DRAT Kolkata?
Yes. Guarantor can file an appeal before DRAT Kolkata if they are an aggrieved party to an appealable order passed by DRT. The maintainability of such appeal will depend on the proceeding filed and the statute under which appeal is filed.
18. Does DRAT Kolkata hear matters from DRT Kolkata only?
No. DRAT Kolkata hears appeals from other DRTs also as allocated/administered by the Debt Recovery Appellate Tribunal jurisdiction wise at any particular point of time.
19. When should I consult a DRAT Kolkata lawyer?
You should consider consulting a DRAT Kolkata lawyer as soon as you receive the DRT order especially if Limitation is running against you, Auction is scheduled at short notice, you face Threat of Possession or there is a possibility of pre-deposit issue being raised.
20. Can I consult Advocate BK Singh for DRAT Kolkata related matters?
Yes, you can consult Advocate BK Singh for seeking legal opinion on matters relating to DRAT Kolkata. Matters relating to SARFAESI proceedings, Debt Recovery, DRT Appeals, Limitation issues or Pre-Deposit requirements can be discussed. However, certain facts need to be disclosed for professional engagement.
Final Thoughts
A DRAT Kolkata appeal is rarely limited to drafting grounds of challenge against the order of the DRT. Limitation, maintainability, pre-deposit, interim relief, the underlying DRT record itself and even the proper statutory forum can all play a role in how the appeal is conducted.
Borrowers could be facing an auction or enforcement action against vital assets. Businesses could have significant secured wealth on line. Banks and creditors could have recovery rights that need protection from a DRT order.
That is why the appeal needs to be built from an understanding of the full case history and not simply from a one page narrative about what transpired at the DRT.
DRT Advocates offers representation in DRT & DRAT proceedings, SARFAESI appeals and other disputes related to bank recovery. A case may also be discussed with Advocate BK Singh himself where you would like specific advice on the merits of the appeal.
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