DRT DOCUMENT CHECKLIST

DRT FILINGCHECKLIST

Advocate Iranpreet Singh
December 16, 2024
18 min read

Complete document checklist for filing recovery suits with DRT in Punjab/Haryana. This comprehensive guide provides mandatory documents, supporting papers, compliance requirements, and practical tips to ensure successful case filing without delays or objections.

DRT Filing Checklist Overview

Filing a recovery suit with the Debt Recovery Tribunal (DRT) in Punjab/Haryana requires comprehensive documentation to establish the bank's claim and the borrower's default. This checklist ensures all necessary documents are prepared and organized for successful filing.

DRT Jurisdiction: Punjab/Haryana

Territorial Coverage

  • DRT Chandigarh: Covers entire Punjab and Haryana states
  • Jurisdiction Threshold: Debt amount ≥ ₹20 lakhs
  • Filing Location: DRT Chandigarh, Sector 17
  • Applicable Law: Recovery of Debts Due to Banks and Financial Institutions Act, 1993
  • Time Limit: Within limitation period (generally 3 years from default)

Document Categories

Primary Categories
  • • Mandatory filing documents
  • • Loan and security documents
  • • Account and default evidence
  • • Corporate authorization papers
Supporting Categories
  • • Valuation and assessment reports
  • • Correspondence and notices
  • • Compliance and regulatory documents
  • • Additional supporting evidence

Quick Reference Summary

Mandatory

8

Essential documents

Loan Docs

12

Loan & security papers

Account

10

Account & default docs

Supporting

15

Additional documents

Mandatory Filing Documents

These documents are absolutely essential for filing a recovery suit with DRT. Missing any of these documents will result in rejection or delay of the application.

Essential Filing Documents

📋 Primary Application Documents

Original Application (OA) in Form 1

Complete application as per prescribed format with all details

Required: Original + 5 copies

Statement of Claim

Detailed statement showing amount claimed with calculations

Include: Principal, interest, costs, and total claim

List of Documents (Index)

Comprehensive index of all documents filed with the application

Format: Serial number, document description, page numbers

Affidavit of Authorized Officer

Sworn affidavit by authorized bank officer verifying the claim

Must be notarized and on stamp paper

💰 Fee and Process Documents

Court Fee Demand Draft

Court fee as per Court Fees Act on the claim amount

Payable to: "Registrar, Debt Recovery Tribunal, Chandigarh"

Process Fee

Additional process fee for service of summons

Amount: ₹500-2000 depending on case complexity

Vakalatnama (if through advocate)

Power of attorney authorizing advocate to represent the bank

Must be signed by authorized bank official

Memo of Appearance

Formal appearance memo for the bank and its representatives

Include contact details and authorized persons

Document Preparation Tips

Format Requirements
  • • Use A4 size paper with proper margins
  • • Type in English or Hindi language
  • • Number all pages consecutively
  • • Bind documents properly with index
  • • Use good quality paper and printing
  • • Ensure all copies are clear and legible
Common Mistakes to Avoid
  • • Incomplete or incorrect application form
  • • Missing signatures or authorizations
  • • Incorrect court fee calculation
  • • Poor quality photocopies
  • • Missing page numbers or index
  • • Outdated or expired documents

Loan & Security Documents

These documents establish the contractual relationship between the bank and borrower, including the terms of lending and security arrangements.

Primary Loan Documents

📄 Loan Agreement Documents

Loan Agreement/Sanction Letter

Original loan agreement or sanction letter with terms and conditions

Include all amendments and modifications

Promissory Note

Promissory note executed by borrower acknowledging the debt

Must be properly stamped and signed

Loan Application

Original loan application submitted by borrower

Shows borrower's intent and representations

Terms and Conditions

Detailed terms and conditions accepted by borrower

Include interest rates, repayment schedule, default clauses

🏠 Security Documents

Mortgage Deed/Hypothecation Agreement

Security documents creating charge on borrower's assets

Include all security creation documents

Title Deeds of Mortgaged Property

Original title deeds and ownership documents

Sale deed, mutation records, survey settlement

Charge Registration Certificate

Certificate of registration of charge with ROC/Sub-Registrar

Proves perfection of security interest

Guarantee Documents

Personal/corporate guarantees and indemnities

Include guarantor's financial statements

Account & Default Documents

These documents prove the borrower's default and establish the exact amount due to the bank. They form the core evidence for the recovery claim.

Account Statement Documents

📊 Account Records

Complete Account Statement

Detailed account statement from loan inception to filing date

Show all debits, credits, interest calculations

Loan Disbursement Records

Evidence of actual loan disbursement to borrower

Payment vouchers, RTGS/NEFT confirmations

Interest Calculation Sheet

Detailed calculation of interest, penal interest, and charges

Show rate changes, compounding, penalty calculations

Outstanding Balance Certificate

Certificate showing outstanding balance as on specific date

Signed by authorized bank official

⚠️ Default Evidence

Demand Notice (Section 13(2) SARFAESI)

60-day demand notice served under SARFAESI Act

Include acknowledgment/service proof

Recall/Demand Letters

All demand letters and recall notices sent to borrower

Show escalation and borrower's non-response

NPA Classification Certificate

Certificate showing account classification as NPA

Include date of NPA classification

Borrower's Correspondence

Any correspondence from borrower acknowledging debt/default

Letters, emails, meeting minutes

Valuation and Assessment

💰 Asset Valuation Documents

Property Valuation Report

Current market valuation by approved valuer

Should be recent (within 6 months)

Original Valuation at Sanction

Valuation report at the time of loan sanction

Shows original security value

Corporate Authorization Documents

These documents establish the bank's authority to file the recovery suit and the authorization of officials to represent the bank in legal proceedings.

Bank Authorization Documents

🏢 Corporate Documents

Board Resolution for Recovery Action

Board resolution authorizing filing of recovery suit

Must specifically mention DRT filing authority

Power of Attorney

General/Special POA authorizing officials to file and pursue case

Should be registered and notarized

Certificate of Incorporation

Bank's certificate of incorporation and registration

Establishes legal entity status

Banking License/RBI Authorization

RBI license to carry on banking business

Proves authority to lend money

👤 Official Authorization

Delegation of Powers

Document showing delegation of powers to authorized officials

Include financial limits and scope of authority

Identity Proof of Authorized Officer

Identity and address proof of officer filing the case

PAN card, Aadhaar, passport

Supporting Documents

These additional documents strengthen the bank's case and provide comprehensive evidence to support the recovery claim. While not always mandatory, they significantly improve the chances of success.

Additional Evidence Documents

📋 Borrower Information

Borrower's Financial Statements

Audited financial statements at loan sanction and recent years

Shows financial deterioration over time

Credit Information Bureau Report

CIBIL/credit bureau report showing borrower's credit history

Demonstrates pattern of defaults

KYC Documents of Borrower

Identity and address proof of borrower and guarantors

PAN, Aadhaar, passport, utility bills

Business Registration Documents

Company incorporation, partnership deed, proprietorship proof

Establishes borrower's business entity

🏠 Property Documents

Encumbrance Certificate

15-year encumbrance certificate of mortgaged property

Shows clear title and transaction history

Survey Settlement/Revenue Records

Jamabandi, khasra, mutation records

Confirms ownership and boundaries

Property Tax Receipts

Recent property tax payment receipts

Shows continued ownership and value assessment

Site Plan/Survey Map

Detailed site plan and survey map of the property

Helps in identification and attachment

📞 Communication Records

Email Correspondence

All email communications with borrower

Print emails with headers and timestamps

Meeting Minutes/Notes

Minutes of meetings with borrower regarding default

Shows bank's efforts for amicable settlement

Telephone Call Records

Records of telephone conversations with borrower

Include date, time, and summary of discussions

Compliance Requirements

Ensure all documents meet legal and procedural requirements for DRT filing. Non-compliance can lead to rejection or delays in case processing.

Legal Compliance Checklist

⚖️ Legal Requirements

Limitation Period Compliance

Ensure case is filed within limitation period (3 years from default)

Calculate from date of demand/default

Jurisdiction Verification

Confirm DRT Chandigarh has jurisdiction over the matter

Check borrower location and debt amount threshold

Stamp Duty Compliance

All documents properly stamped as per applicable rates

Check Punjab/Haryana stamp duty rates

Registration Requirements

Security documents properly registered where required

Mortgage deeds, charges, guarantees

📋 Procedural Compliance

Document Authentication

All documents properly attested/notarized

Affidavits, POAs, board resolutions

Translation Requirements

Regional language documents translated to English/Hindi

Certified translations by authorized translator

Copy Certification

All copies certified as true copies

Self-certification by authorized bank official

Practical Tips for Successful Filing

These practical tips, based on years of experience with DRT filings, will help ensure your recovery suit is filed successfully without delays or objections.

Pre-Filing Best Practices

📋 Document Organization

  • Create Master Checklist: Use this checklist as your master document tracker
  • Chronological Order: Arrange documents in chronological order of events
  • Separate Folders: Create separate folders for each document category
  • Digital Backup: Maintain digital copies of all documents
  • Index Preparation: Prepare detailed index with page numbers
  • Quality Check: Ensure all documents are clear and legible

⚖️ Legal Review Process

  • Legal Counsel Review: Have experienced DRT counsel review all documents
  • Precedent Check: Review similar successful cases for document patterns
  • Compliance Audit: Conduct internal compliance audit before filing
  • Gap Analysis: Identify and address any document gaps
  • Risk Assessment: Evaluate potential challenges and prepare responses
  • Timeline Planning: Plan filing timeline considering all requirements

Common Pitfalls to Avoid

❌ Frequent Mistakes

Documentation Errors
  • • Incomplete loan documentation
  • • Missing security creation documents
  • • Incorrect interest calculations
  • • Outdated valuation reports
  • • Improper demand notice service
  • • Missing board resolutions
Procedural Errors
  • • Filing beyond limitation period
  • • Incorrect court fee calculation
  • • Poor document organization
  • • Missing certified copies
  • • Inadequate legal authorization
  • • Incomplete affidavits

✅ Success Strategies

Preparation Excellence
  • • Start document collection early
  • • Maintain complete loan files
  • • Regular compliance reviews
  • • Professional legal assistance
  • • Quality document management
  • • Proactive gap identification
Filing Excellence
  • • Double-check all requirements
  • • Professional document binding
  • • Clear and accurate indexing
  • • Proper fee calculation
  • • Timely submission
  • • Follow-up procedures

Final Checklist Before Filing

Document Verification
  • ☐ All mandatory documents included
  • ☐ Supporting documents attached
  • ☐ Proper signatures and attestations
  • ☐ Correct number of copies
  • ☐ Sequential page numbering
  • ☐ Complete index prepared
Legal Compliance
  • ☐ Limitation period verified
  • ☐ Jurisdiction confirmed
  • ☐ Court fees calculated correctly
  • ☐ Legal authorization in place
  • ☐ Compliance requirements met
  • ☐ Quality review completed

Complete Documentation for Success

Successful DRT recovery suits depend on comprehensive and accurate documentation. This checklist ensures you have all necessary documents properly organized and compliant with legal requirements for filing with DRT in Punjab/Haryana.

Remember that each case is unique, and additional documents may be required based on specific circumstances. Always consult with experienced legal counsel to ensure your documentation strategy is tailored to your particular case requirements.

Proper preparation and documentation significantly improve your chances of obtaining a favorable decree and successful recovery of outstanding debts through the DRT process.

Need Expert Assistance with DRT Documentation?

Our experienced team provides comprehensive support for DRT case preparation and filing in Punjab/Haryana. We ensure all documentation requirements are met while maximizing your chances of successful debt recovery through proper legal strategy and execution.