DRAT Appeal in Patna · Section 20 RDB Act · BR/1115/2023
Aggrieved by a DRT Patna order? A DRAT Appeal in Patna lies to the Debt Recovery Appellate Tribunal under Section 20 of the RDB Act, 1993. Advocate Simran Kumari handles the complete DRAT Appeal in Patna process — from filing the appeal against DRT order, through the DRAT pre-deposit under Section 21, to the final DRAT Appeal in Patna hearing before the DRAT Allahabad. This is the definitive DRAT Appeal in Patna guide.
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DRAT Appeal in Patna process under Section 20 RDB Act, appeal against DRT order, DRAT pre-deposit under Section 21, 45-day limitation and DRT Patna procedure.
iiAdvocate-assisted DRAT Appeal in Patna filing, appeal against DRT order drafting, DRAT pre-deposit calculation and representation before DRAT Allahabad.
iiiSend your DRT Patna order, DRAT Appeal in Patna query or pre-deposit notice and get a same-day DRAT Appeal in Patna assessment from Kankarbagh.
DRT Patna order received? The DRAT Appeal in Patna window is 45 days.
Under Section 20(3) of the RDB Act, 1993, a DRAT Appeal in Patna must be filed within 45 days from the date of receipt of the DRT order. The DRAT pre-deposit under Section 21 requires 50% of the debt due, reducible to 25% for reasons recorded in writing — the Supreme Court in Kotak Mahindra Bank v. Ambuj A. Kasliwal has held that entire waiver is impermissible. Filing the DRAT Appeal in Patna does not automatically stay the DRT order — a separate stay application is required.
Understanding the DRAT Appeal in Patna process is the first step to filing a successful appeal against DRT order.
Every DRAT Appeal in Patna from a DRT Patna order is processed through the DRAT Allahabad. The links below are the official portals referenced throughout this DRAT Appeal in Patna guide.
DRAT Allahabad — appellate forum for DRAT Appeal in Patna
DRAT Allahabad exercises appellate jurisdiction over DRT Patna, DRT Ranchi, DRT Lucknow, DRT Dehradun, DRT Jabalpur and DRT Allahabad. Every DRAT Appeal in Patna from a DRT Patna order is filed before the DRAT Allahabad under Section 20 of the RDB Act. The DRT Patna registry is located at Karpuri Thakur Sadan, Ashiana Digha Road, Patna – 800025.
Every DRAT Appeal in Patna sub-topic is organised below by stage — from the DRT order to the final hearing before the DRAT Allahabad.
A review of the leading DRT Patna pages shows a consistent pattern: most list the 45-day period without explaining the DRAT Appeal in Patna process, the DRAT pre-deposit requirements, the memorandum of appeal format or the Patna High Court authority on appeal against DRT order.
| Gap observed | What most competitor pages do | What this DRAT Appeal in Patna hub does instead |
|---|---|---|
| No DRAT Appeal in Patna process | Mentions "45 days" without explaining the memorandum format, grounds of appeal or stay application | Complete DRAT Appeal in Patna process under Section 20 RDB Act — 45-day timeline, memorandum format, grounds and stay application |
| No DRAT pre-deposit analysis | Says "50% pre-deposit" without explaining the 25% reduction or the Kotak Mahindra ruling | Detailed DRAT pre-deposit analysis under Section 21 — 50% rule, reduction to 25%, no full waiver |
| No Patna case law | General content with no Patna High Court authority on DRAT Appeal in Patna | Patna High Court rulings — Tirupati Storage, Gopal Kumar Singh, Bihar State Power — on DRAT Appeal in Patna |
| No distinction — RDB Act vs SARFAESI | Confuses the 45-day RDB Act limitation with the 30-day SARFAESI limitation | Clear explanation of the 45-day RDB Act limitation and the 30-day SARFAESI Act limitation for DRAT Appeal in Patna |
| No documents checklist | Says "documents required" without listing what to collect | Detailed DRAT Appeal in Patna documents checklist — certified order copy, memorandum, pre-deposit demand draft and court fee |
Practical effect of these gaps on DRAT Appeal in Patna
A borrower or lender in Patna aggrieved by a DRT Patna order often finds pages that describe what the DRAT is but not how to file the DRAT Appeal in Patna or what DRAT pre-deposit is required. This DRAT Appeal in Patna hub is structured the opposite way — every section starts with the statutory provision, the limitation, the documents and the DRAT Allahabad forum.
Every DRAT Appeal in Patna matter is scoped to the DRT order challenged, the DRAT pre-deposit requirement, the documents needed and the forum.
Filing the DRAT Appeal in Patna against DRT Patna order under Section 20 of the RDB Act — drafting the memorandum of appeal, grounds of appeal and statement of facts within the 45-day limitation.
Calculation and arrangement of the DRAT pre-deposit for your DRAT Appeal in Patna under Section 21 — 50% of the debt due, with an application for reduction to 25% on grounds of financial hardship or substantial legal question.
Filing a separate stay application along with the DRAT Appeal in Patna — the appeal does not automatically stay the DRT Patna order; a specific stay application is required.
Compilation of the complete DRAT Appeal in Patna documents — certified copy of DRT Patna order, memorandum of appeal, pre-deposit demand draft, court fee and paper book.
Writ petitions under Article 226 against DRAT Allahabad orders in a DRAT Appeal in Patna — where the tribunal has erred in computing the pre-deposit or refused to condone delay arbitrarily.
Application under Section 22(2) of the RDB Act for recall of a DRAT order dismissing the DRAT Appeal in Patna for non-compliance with the pre-deposit — following the Patna High Court ruling in Tirupati Storage.
Your DRAT Appeal in Patna matter is handled by the advocate herself — not routed through intermediaries or call centres.
Familiar with the DRAT Allahabad procedure for DRAT Appeal in Patna, the Section 21 pre-deposit computation and the Patna High Court writ jurisdiction.
The chamber is located at P.C. Colony, Kankarbagh, Patna – 800020, easily accessible for any DRAT Appeal in Patna consultation.
Advice on DRAT Appeal in Patna grounded in the RDB Act, 1993 and current Supreme Court and Patna High Court authority.
Send the DRT Patna order
Share the DRT Patna order, DRAT Appeal in Patna query or pre-deposit notice by WhatsApp or email. Acknowledge receipt is issued the same day from the Kankarbagh chamber.
DRAT Appeal in Patna assessment call
A short call to establish the date of receipt of the DRT order, the 45-day DRAT Appeal in Patna limitation, the DRAT pre-deposit calculation and the documents required.
Written scope
A written scope of the engagement and the fee arrangement for the DRAT Appeal in Patna stage, before the memorandum of appeal is filed.
DRAT Appeal in Patna filing and representation
Drafting the memorandum of appeal, arranging the DRAT pre-deposit, filing before the DRAT Allahabad and representing you for stay and final hearing.
Ready to file your DRAT Appeal in Patna? The 45-day window is running.
Send your DRT Patna order and receive a same-day DRAT Appeal in Patna assessment from Kankarbagh.
The DRAT Appeal in Patna process is governed by Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) and the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994. A DRAT Appeal in Patna lies against a DRT Patna order to the DRAT Allahabad.
Under Section 20(3) of the RDB Act, a DRAT Appeal in Patna shall be filed within 45 days from the date on which a copy of the order made by the DRT is received by the aggrieved party. The proviso permits the DRAT to entertain a DRAT Appeal in Patna after the expiry of 45 days if the appellant satisfies the Tribunal that there was sufficient cause for the delay.
Rule 5 of the DRAT (Procedure) Rules, 1994 requires the DRAT Appeal in Patna to be filed in the prescribed form annexed to the Rules. The memorandum of appeal must contain: particulars of the appellant and respondents, jurisdiction of the DRAT, a declaration that the DRAT Appeal in Patna is within the limitation under Section 20(3), facts of the case and orders passed by the DRT, relief sought, interim order prayed for, particulars of the demand draft for the pre-deposit under Section 21, and particulars of the demand draft for the fee under Rule 8. The DRAT Appeal in Patna must be presented in four sets in a paper book.
The grounds of appeal in a DRAT Appeal in Patna must be listed under separate, numbered headings, without arguments or narrative. Each ground should identify the specific error in the DRT Patna order — whether an error of law, an error in appreciation of evidence, or a violation of natural justice.
Filing a DRAT Appeal in Patna does not automatically stay the DRT Patna order. A separate stay application must be filed along with the DRAT Appeal in Patna, seeking stay of the operation of the DRT order and of any recovery proceedings pending disposal of the DRAT Appeal in Patna.
The fee for a DRAT Appeal in Patna is prescribed under Rule 8 of the DRAT (Procedure) Rules, 1994, based on the amount appealed against. For an amount less than ₹10,00,000, the fee is ₹12,000. For ₹10,00,000 or more but less than ₹30,00,000, the fee is ₹20,000. For ₹30,00,000 or more, the fee is ₹30,000. This fee is separate from the pre-deposit under Section 21.
| Stage | Provision | Requirement |
|---|---|---|
| Limitation | Section 20(3) | 45 days from receipt of DRT order |
| Condonation | Proviso to Section 20(3) | Sufficient cause required |
| Memorandum | Rule 5, DRAT Rules 1994 | Prescribed form; four sets in paper book |
| Fee | Rule 8, DRAT Rules 1994 | ₹12,000 / ₹20,000 / ₹30,000 based on amount |
| Stay | Separate application | Required — DRAT Appeal in Patna does not auto-stay |
Received a DRT Patna order?
Send the order and get a same-day DRAT Appeal in Patna process assessment from Kankarbagh.
The most distinctive feature of a DRAT Appeal in Patna is the statutory DRAT pre-deposit requirement under Section 21 of the RDB Act. The DRAT Appeal in Patna cannot be entertained unless the pre-deposit is made or formally reduced by a DRAT order.
Section 21 of the RDB Act employs the phrase "appeal shall not be entertained" — which injuncts the DRAT from entertaining a DRAT Appeal in Patna by a person from whom the amount of debt is due to a bank, unless such person has deposited with the DRAT fifty per cent of the amount of debt so due as determined by the DRT under Section 19.
The proviso to Section 21 grants the DRAT discretion to reduce the DRAT pre-deposit to not less than twenty-five per cent of the amount of such debt due, for reasons to be recorded in writing. The DRAT pre-deposit cannot be waived entirely — the Supreme Court in Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal (2021) has held that even the High Court does not have the power to waive the DRAT pre-deposit in its entirety.
Where a bank or financial institution files a DRAT Appeal in Patna against a DRT Patna order, no pre-deposit is required. The statutory DRAT pre-deposit applies only where the appellant is a person from whom the debt is due — not to the bank or financial institution.
Where the DRT order was passed under Section 17 of the SARFAESI Act, 2002, the DRAT Appeal in Patna is filed under Section 18 of the SARFAESI Act within 30 days. The DRAT pre-deposit under Section 18(2) is 50% of the debt due as claimed by the secured creditor or determined by the DRT, whichever is less, reducible to 25%.
| Parameter | RDB Act Section 21 | SARFAESI Section 18(2) |
|---|---|---|
| Limitation | 45 days from DRT order | 30 days from DRT order |
| Standard pre-deposit | 50% of debt due | 50% of debt due or amount claimed, whichever is less |
| Reduction | To not less than 25% | To not less than 25% |
| Bank appeals | No pre-deposit | No pre-deposit |
| Full waiver | Not permissible | Not permissible |
DRAT pre-deposit calculation for your DRAT Appeal in Patna?
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Compiling the correct DRAT Appeal in Patna documents is essential to filing a complete and admissible appeal against DRT order before the DRAT Allahabad.
Four sets in paper book for DRAT Appeal in Patna
Rule 5(5) of the DRAT (Procedure) Rules, 1994 requires the DRAT Appeal in Patna to be presented in four sets in a paper book, along with empty file-size envelopes bearing the full address of the respondent. Where the number of respondents is more than one, sufficient additional paper books and envelopes must be furnished for each respondent.
Where a DRAT Appeal in Patna has been dismissed or the DRT Patna order has been confirmed, several remedies are available.
Where the DRAT has dismissed the DRAT Appeal in Patna for non-compliance with the DRAT pre-deposit, the Patna High Court has held that the DRAT can recall the order in exercise of its review powers under Section 22(2) of the RDB Act. A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra held in Tirupati Storage and Allied Pvt. Ltd. v. UCO Bank (2026) that dismissal of a DRAT Appeal in Patna for non-compliance with the pre-deposit requirement is procedural in nature and does not extinguish the statutory right of appeal against DRT order.
A writ petition under Article 226 may be maintainable against a DRAT Allahabad order in a DRAT Appeal in Patna where the tribunal has exceeded its jurisdiction, miscalculated the DRAT pre-deposit or refused to condone delay arbitrarily.
Where the Patna High Court decides a writ petition against the taxpayer, a Special Leave Petition (SLP) may be filed before the Supreme Court under Article 136 of the Constitution.
| Remedy | Provision | Scope |
|---|---|---|
| Section 22(2) recall | RDB Act Section 22(2) | Recall dismissal for non-compliance with pre-deposit |
| Patna High Court writ | Article 226 | Challenge DRAT Appeal in Patna order |
| Supreme Court SLP | Article 136 | Appeal against Patna HC order |
| Review application | Rule 6A, DRAT Rules 1994 | Review on mistake or error apparent |
DRAT Appeal in Patna dismissed? The 90-day writ window is running.
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In Tirupati Storage and Allied Pvt. Ltd. v. UCO Bank, Frazer Road Branch, Patna (Letters Patent Appeal No. 1093 of 2024), the Patna High Court held that the DRAT, in exercise of its review powers under Section 22(2) of the RDB Act, can recall a DRAT Appeal in Patna dismissed for non-compliance with the DRAT pre-deposit requirement. The dispute arose from recovery proceedings initiated by UCO Bank, Frazer Road Branch, Patna, after the loan account of Tirupati Storage was declared a non-performing asset. The DRT Patna, by judgment dated 17.09.2012, allowed the bank's claim and issued a recovery certificate for ₹1.53 crore. The DRAT Appeal in Patna was dismissed on 23.03.2015 for non-compliance with the mandatory pre-deposit requirement under Section 21. After several years, Tirupati Storage deposited approximately ₹76 lakh in June 2023 and sought restoration of the DRAT Appeal in Patna. The Division Bench observed: "Once such dismissal falls within the category contemplated under Section 22(2)(g), the Tribunal cannot be said to be denuded of its jurisdiction to recall or set aside the same."
In Gopal Kumar Singh v. Canara Bank (Letters Patent Appeal No. 1114 of 2024), the Patna High Court considered a DRAT Appeal in Patna from an order of the DRT Patna in a SARFAESI matter. The borrower filed a securitisation application before the DRT Patna which was rejected on 20.03.2019. The borrower filed a review which was allowed on 01.09.2021. The bank filed a DRAT Appeal in Patna from the review order, which was allowed on 11.11.2022. The matter went up to the Patna High Court, which examined the scope of review under Rule 5-A of the DRT (Procedure) Rules, 1993 and the powers of the DRAT under Section 22(2) of the RDB Act.
The Supreme Court in Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal (Civil Appeal No. 538/2021, decided 16.02.2021) held that entire waiver of DRAT pre-deposit for filing a DRAT Appeal in Patna under Section 21 of the RDB Act is impermissible. The Court held that even the High Court does not have the power to waive the pre-deposit in its entirety.
The Supreme Court in India Infoline Home Finance Limited v. Nageswara Rao Perikala (2026) held that a Chief Judicial Magistrate is under a statutory obligation to ensure execution of a warrant of possession under Section 14 of the SARFAESI Act and cannot close proceedings merely because possession could not be taken within the prescribed time limit.
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Every item is part of the standard engagement for a DRAT Appeal in Patna with this Patna chamber.
Send your DRT Patna order, DRAT Appeal in Patna query or pre-deposit notice to the chamber today. As a lawyer practising before the DRAT Allahabad from Kankarbagh, Advocate Simran Kumari reviews the DRT order, calculates the DRAT pre-deposit, drafts the memorandum of appeal and issues a written scope and fee note for your DRAT Appeal in Patna.
This page on the DRAT Appeal in Patna is published for general information only and does not constitute legal advice or solicitation. DRAT Appeal in Patna law, appeal against DRT order procedure, DRAT pre-deposit rules, DRAT Appeal in Patna documents requirements and portal processes are amended from time to time. The applicable position on any DRAT Appeal in Patna matter must be verified against the current statutory text, RDB Act 1993, DRAT (Procedure) Rules 1994, notifications and circulars, and against the facts of the particular matter.
Law last checked: 16 October 2026.
