Appeal Against DRT Final Order
- Appeal under Section 18 of the SARFAESI Act.
- Appeal against DRT’s final judgment in your S.A.
- Appeal against DRT order rejecting S.A.
- Appeal against order confirming sale/possession.
Appeal Against Interim Orders of DRT
Borrower can challenge:
- Refusal to grant stay
- Orders refusing amendment
- Orders rejecting applications
- Orders refusing time to pay
- Orders of physical possession confirmation
- Orders related to symbolic/physical possession
- Orders relating to sale notice, auction process etc.
Application for Waiver of Pre-deposit (Up to 25%)
- Under Sec. 18(1) second proviso → borrower can seek reduction of mandatory 50% deposit to not less than 25%.
- DRAT has power to grant waiver on genuine grounds.
Stay Applications Before DRAT
Borrower can file stay applications such as:
- Stay on auction
- Stay on confirmation of sale
- Stay on dispossession
- Stay on DRT proceedings
- Stay on recovery proceedings under SARFAESI
Application for Early Hearing / Urgent Listing
Useful when:
- Auction is near
- Bank is taking physical possession
- Sale certificate is under process
Application for Modification / Clarification of DRAT Order
Borrower can request DRAT to:
- Modify stay conditions
- Relax deposit schedule
- Clarify operative portions of order
- Extend time to comply with pre-deposit
Challenge Against Auction Irregularities
Borrower can raise grounds against:
- Improper valuation
- Non-service of notices
- Defective Rule 8/9 compliance
- Auction fraud
- Under-valuation
- Non-publication issues
- Violation of mandatory SARFAESI Rules
Appeal Against Refusal of DRT to Restore S.A.
If DRT dismissed S.A. for:
- Non-appearance
- Delay condonation refused
- Non-compliance of costs Borrower can approach DRAT.
Appeal Against Bank’s Conduct Declared Valid by DRT
Such as:
- NPA classification
- 13(2) demand notice issues
- 13(4) possession issues
- Sale confirmation
- Sale certificate issuance
- Wrong calculation of outstanding dues
Interim Applications Before DRAT for Relief
Borrower may file:
- Application for taking new documents on record
- Additional grounds application
- Exemption applications
- Application for defects curing
- Application for extension of payment timeline
- Application for recalling orders
Compromise / OTS Monitoring Through DRAT
Not normally, but in certain circumstances DRAT:
- Records settlement terms
- Supervises compliance
- Passes compromise orders accepted by both sides
Restoration Application (If DRAT Dismisses Appeal for Default)
Borrower can file:
- Restoration of appeal
- Condonation of delay in restoration
Review (Limited Scope)
- DRAT has limited inherent power to review/recall orders in specific circumstances (fraud, violation of natural justice).
Directions to DRT / Bank
Borrower can seek directions such as:
- Directing DRT to hear matter expeditiously
- Directing bank to maintain status quo
- Directing bank to provide documents
- Direction to consider OTS afresh (rare but possible)
Contact Us
We would love to hear from you.
Feel free to reach out using the below details.
- Address: 433, Baghpat Gate, Meerut- 250002, National Capital Region Delhi, India Nearest metro station:- Meerut Central
- Hours: Mon-Fri 9:00AM - 5:00PM
- Phone: +91 8958000300
- Email: jurispulselawservices@gmail.com