DRAT Pre Deposit in Patna · Section 21 RDB Act & Section 18 SARFAESI · BR/1115/2023
Facing a DRAT Pre Deposit in Patna requirement for your appeal? Advocate Simran Kumari handles the complete DRT DRAT pre deposit process for borrowers and lenders in Patna. This DRAT Pre Deposit in Patna guide covers the Section 21 RDB Act calculation, the DRAT pre deposit documents checklist, the reduction application to 25%, and the DRAT pre deposit remedy before DRAT Allahabad and the Patna High Court.
Choose your path
DRT DRAT pre deposit process under Section 21 RDB Act, Section 18 SARFAESI pre deposit, DRAT pre deposit documents, reduction to 25% and Patna High Court remedies.
iiAdvocate-assisted DRT DRAT pre deposit process, DRAT pre deposit documents compilation, reduction application drafting and Patna High Court writ petitions.
iiiSend your DRT order, DRAT appeal query or DRAT Pre Deposit in Patna notice and get a same-day assessment from Kankarbagh.
DRAT Pre Deposit in Patna due? The appeal cannot be entertained without it.
Under Section 21 of the RDB Act, 1993, the DRAT Pre Deposit in Patna is 50% of the debt due as determined by the DRT, reducible to a minimum of 25% for reasons recorded in writing. The Supreme Court in Kotak Mahindra Bank v. Ambuj A. Kasliwal has held that even the High Court lacks the power to waive the DRAT pre deposit completely.
Understanding the DRAT Pre Deposit in Patna process is the first step to ensuring your appeal is admitted and heard on merits.
Every DRAT Pre Deposit in Patna and DRT DRAT pre deposit process step is processed through the official DRT/DRAT portal.
DRAT Pre Deposit in Patna — payment to DRAT, not the lending bank
Appeals against DRT Patna orders lie to DRAT Allahabad under Section 20 of the RDB Act, 1993. The DRAT Pre Deposit in Patna must be deposited with the DRAT, not with the lending bank. The Kerala High Court has clarified that the mandatory DRAT Pre Deposit in Patna under the SARFAESI Act must be paid to the Debts Recovery Appellate Tribunal.
Every DRAT Pre Deposit in Patna sub-topic is organised below by stage — from the DRT order to the Patna High Court.
Most DRT Patna pages list the DRAT Pre Deposit in Patna percentage without explaining the DRT DRAT pre deposit process, the DRAT pre deposit documents checklist, the reduction application or the Patna High Court authority.
| Gap observed | What most competitor pages do | What this DRAT Pre Deposit in Patna hub does instead |
|---|---|---|
| No DRT DRAT pre deposit process | Mentions "50% pre deposit" without explaining the step-by-step process | Complete DRAT Pre Deposit in Patna process — calculation, reduction, filing and admission |
| No DRAT pre deposit documents checklist | Says "documents required" without listing what to collect | Detailed DRAT pre deposit documents checklist — DRT order, demand draft, reduction application |
| No DRAT pre deposit remedy analysis | Ignores the reduction application, Section 22(2) recall and Patna HC writ remedy | Full DRAT Pre Deposit in Patna remedy section — reduction, recall and Patna HC writ |
| No Patna case law | General content with no Patna High Court authority | Patna High Court ruling in Tirupati Storage v. UCO Bank |
| No Section 18 SARFAESI analysis | Confuses Section 21 RDB Act pre deposit with Section 18 SARFAESI | Separate analysis of Section 18 SARFAESI pre deposit |
Practical effect of these gaps on DRAT Pre Deposit in Patna matters
A borrower or lender in Patna who needs to file a DRAT appeal often finds pages that describe what the DRAT is but not how to comply with the DRAT Pre Deposit in Patna or which DRAT pre deposit documents are needed.
Every DRAT Pre Deposit in Patna matter is scoped to the applicable provision, the debt amount, the reduction eligibility and the remedy.
Calculation of the DRAT Pre Deposit in Patna under Section 21 RDB Act and Section 18 SARFAESI — 50% of debt due, reducible to 25%.
Compilation of the complete DRAT pre deposit documents — certified copy of the DRT order, demand draft or payment challan, reduction application with financial evidence.
Drafting and filing the application seeking reduction of the DRAT Pre Deposit in Patna from 50% to 25% under the proviso to Section 21.
Application under Section 22(2) of the RDB Act for recall of a DRAT order dismissing the appeal for non-compliance with the DRAT Pre Deposit in Patna.
Writ petitions under Article 226 against DRAT orders on DRAT Pre Deposit in Patna — jurisdictional errors and miscalculation challenges.
Representation of banks and financial institutions on DRAT Pre Deposit in Patna — no pre deposit required for banks.
Your DRAT Pre Deposit in Patna matter is handled by the advocate herself — not routed through intermediaries.
Familiar with the DRAT Pre Deposit in Patna procedure, the Section 22(2) recall power and the Patna High Court writ jurisdiction.
The chamber is located at P.C. Colony, Kankarbagh, Patna – 800020.
Advice on DRAT Pre Deposit in Patna grounded in the RDB Act, 1993, the SARFAESI Act, 2002 and current Patna High Court authority.
Send the DRT order for your DRAT Pre Deposit in Patna
Share the DRT order, the DRAT Pre Deposit in Patna notice or the reduction application query by WhatsApp or email.
DRAT Pre Deposit in Patna assessment call
A short call to establish the applicable provision — Section 21 RDB Act or Section 18 SARFAESI — the debt amount, and the reduction eligibility for your DRAT Pre Deposit in Patna.
Written scope
A written scope of the engagement and the fee arrangement for the DRAT Pre Deposit in Patna stage.
DRAT Pre Deposit in Patna filing and representation
Drafting the reduction application, compiling the DRAT pre deposit documents, filing the DRAT Pre Deposit in Patna with the DRAT and representing you.
Ready to comply with your DRAT Pre Deposit in Patna?
Send your DRT order and receive a same-day DRAT Pre Deposit in Patna assessment from Kankarbagh.
The DRAT Pre Deposit in Patna under Section 21 of the RDB Act, 1993 is the statutory condition precedent for filing an appeal before the Debts Recovery Appellate Tribunal. The provision employs the phrase "shall not be entertained".
"Where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal fifty per cent of the amount of debt so due from him as determined by the Tribunal under section 19."
The proviso to Section 21 provides that the Appellate Tribunal may, for reasons to be recorded in writing, reduce the DRAT Pre Deposit in Patna to not less than twenty-five per cent of the amount of such debt so due.
Where a bank or financial institution files an appeal before the DRAT against a DRT order, no DRAT Pre Deposit in Patna is required. The statutory DRAT Pre Deposit in Patna applies only where the appellant is a person from whom the debt is due.
| Appellant | Pre Deposit | Reduction |
|---|---|---|
| Borrower / Guarantor / Mortgagor | 50% of debt due as determined by DRT | Can be reduced to 25% on reasons recorded |
| Bank / Financial Institution | No DRAT Pre Deposit in Patna required | Not applicable |
| Third Party / Mortgagor | DRAT Pre Deposit in Patna — contested; depends on facts | As per tribunal discretion |
DRAT Pre Deposit in Patna under Section 21 due?
Send the DRT order and get a same-day DRAT Pre Deposit in Patna calculation and reduction strategy.
Where the DRT order under appeal was passed under Section 17 of the SARFAESI Act, 2002, the DRAT Pre Deposit in Patna is governed by Section 18(1) of the SARFAESI Act — not Section 21 of the RDB Act.
Under the second proviso to Section 18(1), no appeal shall be entertained by the DRAT unless the borrower has deposited with the Appellate Tribunal 50% of the amount of debt due from him, as claimed by the secured creditors or determined by the DRT, whichever is less. The third proviso permits the DRAT to reduce the DRAT Pre Deposit in Patna to not less than 25% for reasons to be recorded in writing.
The Kerala High Court has clarified that the mandatory DRAT Pre Deposit in Patna required to file an appeal under the SARFAESI Act must be paid to the Debts Recovery Appellate Tribunal and not to the lending bank.
| Parameter | Requirement |
|---|---|
| Standard DRAT Pre Deposit in Patna | 50% of debt due as claimed by secured creditor or determined by DRT, whichever is less |
| Reduction | To not less than 25% on reasons recorded in writing |
| Payment to | DRAT — not the lending bank |
| Waiver | Not permissible — even by High Court (Kotak Mahindra Bank) |
SARFAESI Section 18 DRAT Pre Deposit in Patna query?
Get a same-day DRAT Pre Deposit in Patna calculation for your SARFAESI appeal from Kankarbagh.
The DRT DRAT pre deposit process for your DRAT Pre Deposit in Patna involves several sequential steps — from calculating the deposit to filing the reduction application and the deposit itself with the DRAT.
Obtain certified copy of the DRT order
Obtain the certified copy of the DRT order determining the debt due. The limitation period for the DRAT Pre Deposit in Patna appeal starts from the date of receipt.
Calculate the DRAT Pre Deposit in Patna
Calculate at 50% of the debt due as determined by the DRT (Section 21) or 50% of the debt due as claimed or determined, whichever is less (Section 18 SARFAESI).
Assess eligibility for reduction of DRAT Pre Deposit in Patna
Assess whether a reduction to 25% should be sought — on grounds of financial hardship, substantial legal question or disproportionate debt.
Compile DRAT Pre Deposit in Patna documents
Compile the DRAT pre deposit documents — certified copy of the DRT order, memorandum of appeal, demand draft or payment challan, reduction application and financial statements.
File the appeal and DRAT Pre Deposit in Patna
File the appeal before the DRAT within 30 days and deposit the DRAT Pre Deposit in Patna with the DRAT — not with the lending bank.
Obtain acknowledgment and await admission
Obtain the acknowledgment of the DRAT Pre Deposit in Patna, note the appeal number and await the DRAT's order on the reduction application.
The primary DRAT Pre Deposit in Patna remedy is the reduction application under the proviso to Section 21 or the third proviso to Section 18(1). A further DRAT Pre Deposit in Patna remedy is the recall power of the DRAT under Section 22(2).
The DRAT may, for reasons to be recorded in writing, reduce the DRAT Pre Deposit in Patna from 50% to not less than 25%. The reduction application must set out the financial hardship, the balance sheet position or a substantial legal question.
The Supreme Court in Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal (Civil Appeal No. 538/2021, decided 16.02.2021) has held that entire waiver of DRAT Pre Deposit in Patna for filing an appeal before the DRAT under Section 21 of the RDB Act is impermissible. Even the High Court does not have the power to waive the DRAT Pre Deposit in Patna in its entirety.
Where the DRAT has dismissed the appeal for non-compliance with the DRAT Pre Deposit in Patna, the Patna High Court has held that the DRAT can recall the order under Section 22(2) of the RDB Act.
| Remedy | Provision | Scope |
|---|---|---|
| Reduction application | Proviso to Section 21 / Third proviso to Section 18(1) | Reduce DRAT Pre Deposit in Patna from 50% to not less than 25% |
| Recall of dismissal order | Section 22(2) RDB Act | Recall dismissal for non-compliance |
| Patna High Court writ | Article 226 | Jurisdictional error, miscalculation |
| Complete waiver | Not available | Impermissible per Kotak Mahindra Bank |
In Tirupati Storage and Allied Pvt. Ltd. v. UCO Bank (2026), the Patna High Court held that the DRAT, in exercise of its review powers under Section 22(2) of the RDB Act, 1993, can recall an appeal dismissed for non-compliance with the DRAT Pre Deposit in Patna 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 Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra 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." The Court further held that dismissal for non-compliance of DRAT Pre Deposit in Patna is not an adjudication on merits, but a procedural consequence.
The Patna High Court clarified that the DRAT is vested with substantive powers akin to those of a civil court, including the power to review its own decisions and to set aside orders passed for default relating to the DRAT Pre Deposit in Patna.
The Patna High Court noted that while Section 21 provides that an appeal "shall not be entertained" without the DRAT Pre Deposit in Patna, the provision does not prescribe any limitation period for making the pre deposit.
Send your DRT order, DRAT Pre Deposit in Patna query or reduction application request to the chamber today. As a DRAT Pre Deposit in Patna lawyer practising from Kankarbagh, Advocate Simran Kumari reviews the DRT order, calculates the DRAT Pre Deposit in Patna, assesses the reduction eligibility and issues a written scope and fee note.
This page on the DRAT Pre Deposit in Patna is published for general information only and does not constitute legal advice or solicitation. DRAT Pre Deposit in Patna law, DRT DRAT pre deposit process rules, Section 21 RDB Act provisions, Section 18 SARFAESI provisions and portal processes are amended from time to time. The applicable position must be verified against the current statutory text, notifications and circulars.
Law last checked: 6 October 2026.
