RDB Act, 1993 · DRT Patna · Complete Guide

What Is an Original Application (OA) in DRT? A Complete Guide to the RDB Act, 1993

Understand the recovery petition banks file before the Debt Recovery Tribunal — procedure, fees, timelines, defences, and appeals — explained in plain language for borrowers, guarantors, bankers, and NBFC officers in Bihar.

⚡ Quick Answer

An Original Application (OA) is the recovery petition filed by a bank or financial institution under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act) before a Debt Recovery Tribunal, to recover a debt of ₹20 lakh or more. An OA starts the Tribunal's adjudication, can lead to attachment and sale of the borrower's assets, and typically ends in a Recovery Certificate executed by the Recovery Officer. The borrower can defend the case by filing a reply and counter-claim, seek settlement, and appeal to the Debt Recovery Appellate Tribunal (DRAT) within 30 days, subject to a mandatory pre-deposit.

1. What Is an Original Application in DRT?

In simple terms, an Original Application is the first (original) legal proceeding filed before a Debt Recovery Tribunal to recover a debt owed to a bank or financial institution.

The word "original" distinguishes it from other filings before the same Tribunal — appeals, review applications, and interlocutory applications — all of which arise only after or alongside an OA. If the OA is the root of the case, everything else is a branch.

An OA is not a criminal case. Nobody goes to jail merely because an OA is filed. It is a civil recovery proceeding with unusually strong coercive machinery: the Tribunal can attach and sell property, appoint receivers, and even order the arrest and detention of a defaulter who obstructs recovery.

The "debt" that can be recovered through an OA is defined in Section 2(g) of the RDB Act as any liability (inclusive of interest) claimed as due to a bank or financial institution arising out of its banking business — for example, term loans, cash credit limits, overdrafts, housing loans, and credit card dues.

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