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AN ASSESSMENT OF DEBT RECOVERY IN BANKS

Project Report Submitted in Partial


fulfilment of the requirement for the
award of Degree of
MASTER OF BUSINESS ADMINISTRATION (MBA)

Submitted by
Tejas Jagannath Tambekar
Reg No:20225740035

Under the guidance of


<Guide’s Name>
Guide Reg No:

MANIPAL UNIVERSITY
Manipal Academy of Banking

March 2022

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 1


BONAFIDE CERTIFICATE

Certified that this project report titled “AN ASSESSMENT OF DEBT


RECOVERY IN BANK” is the Bonafide work of “Tejas Jagannath Tambekar”
who carried out the project work under my supervision in partial fulfilment of the
requirements for the award of the MBA degree.

SIGNATURE
Name of the Guide
Guide Registration Number

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 2


DECLARATION BY THE STUDENT

I Tejas Jagannath Tambekar bearing Reg. No 20225740035 hereby declare that this
project report entitled AN ASSESSMENT OF DEBT RECOVERY IN BANKS has
been prepared by me towards the partial fulfilment of the requirement for the award of
the Master of Business Administration (MBA) Degree under the guidance of
____________________________

I also declare that this project report is my original work and has not been previously
submitted for the award of any Degree, Diploma, Fellowship, or other similar titles.

Place: (Name (in capitals) and


signature of candidate)
Date: Reg. No. .

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 3


CERTIFICATE OF ORIGINALITY

This is to certify, that the research paper submitted by me is an


outcome of my independent and original work. I have duly
acknowledged all the sources from which the ideas and extracts have
been taken. The project is free from any plagiarism and has not been
submitted elsewhere for publication.
Name of Student: Tejas J. Tambekar
Title of the Project : AN ASSESSMENT OF DEBT RECOVERY
IN BANKS
Reg No: 20225740035
E-mail: tejasonlineform@gmail.com
Contact No.9860338316

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 4


Acknowledgement

Place : -

Date :-

I would like to express our sincere gratitude to all those who have contributed to the
completion of this project on "An Assessment of Debt Recovery in Banks."

I would like to acknowledge that my assignment has been completed and I am


ensuring that this was done by me and not copied.
In this accomplishment, I would like to express my special gratitude to all my teachers and
most importantly our principal Mr./Mrs. ……………………………………………………………………. of
college name, without their guidance and feedback it is not possible to complete this
assignment.
Furthermore, I appreciate the cooperation and participation of the banks and financial
institutions that provided the necessary data and information for our analysis. Their
cooperation has been crucial in gaining a comprehensive understanding of debt recovery
practices in the banking sector.
Lastly, I acknowledge the support of our friends and family for their encouragement and
understanding during the project's development.

Your Name – Tejas Jagannath Tambekar

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 5


Name of Proposed Guide : XXXXXXXXXXXX

Designation : XXXXXXXXXXXX

Organization Name : XXXXXXXXXXXX

Qualification : XXXXXXXXXXXX

Total Experience : XXXXXXXXXXXX

Communication Address : XXXXXXXXXXXX

Contact No : XXXXXXXXXXXX
E-mail ID : XXXXXXXXXXXX

Institution/
Name of the PG Area of Year of Passing
University
MBA Finance University

Does the guide have more than three years of experience: Yes
I.Dr./Mr./Mrs./Ms. (Guide Name) hereby confirm my willingness to guide Mr./Mrs.
(Student Name) Roll No. (Student Roll No.) for the topic (Title of the project) during
his/her final semester MBA project in the period month/ year.
Date: XX/XX/XXXX
(XXXXXXXXX)
Date: XX/XX/XXXX (Signature of the Guide)
<TITLE OF PROJECT REPORT>

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 6


Executive Summary

The project "An Assessment of Debt Recovery in Banks" endeavours to evaluate the efficiency and
effectiveness of debt recovery strategies employed by banks, with a focus on identifying areas for
improvement and optimizing the debt recovery process. This comprehensive study aims to analyse the
current landscape of debt recovery practices in the banking sector, examine the challenges faced, and
propose actionable recommendations to enhance the overall performance of debt recovery
mechanisms.

Through a systematic review of existing literature, data collection from banks, and rigorous data
analysis, this project seeks to enhance understanding of the key factors influencing successful debt
recovery outcomes in financial institutions. By delving into the intricacies of debt recovery strategies,
identifying industry best practices, and exploring innovative approaches, this assessment aims to offer
practical insights for banks to mitigate risks, reduce non-performing assets, and strengthen their
financial position.

The project timeline includes milestones such as literature review, data collection, data analysis, and
presentation of findings. By synthesizing insights from academic research and real-world data, the
project team intends to produce a comprehensive assessment that will serve as a valuable resource for
banking professionals, policymakers, and industry stakeholders seeking to optimize debt recovery
processes.

The anticipated outcomes of this assessment include the identification of key challenges in debt
recovery, the evaluation of strategies that yield the highest recovery rates, and the formulation of
recommendations to enhance the efficiency and effectiveness of debt recovery practices within the
banking sector. By bridging the gap betIen theory and practice, this project aims to contribute to the
continual improvement and evolution of debt recovery strategies in banks, ultimately leading to
enhanced financial stability and performance.

In conclusion, "An Assessment of Debt Recovery in Banks" aspires to offer practical insights, actionable
recommendations, and strategic guidance to banks and financial institutions for enhancing their debt
recovery processes, ensuring sustainable financial health, and fostering resilience in an increasingly
dynamic and competitive banking environment.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 7


Abstract
The project "An Assessment of Debt Recovery in Banks" aims to evaluate the
effectiveness of debt recovery strategies implemented by banks and propose
enhancements where necessary. This study focuses on examining the current practices,
challenges, and best approaches in debt recovery within the banking sector. Through a
comprehensive analysis of literature, data collection, and in-depth research, the project
seeks to shed light on the key factors influencing successful debt recovery outcomes in
financial institutions.
The investigation will encompass a review of existing literature on debt recovery
strategies, survey design and data collection from selected banks, data analysis to
identify trends and patterns, and the presentation of findings to stakeholders. The
findings of this assessment are anticipated to provide valuable insights for banks to
optimize their debt recovery processes, reduce non-performing assets, and enhance
overall financial performance.
By undertaking this project, I aim to contribute to the body of knowledge in the field of
banking and finance, offering practical recommendations to help banks improve their
debt recovery mechanisms and mitigate risks associated with non-repayment. This
research endeavour seeks to bridge the gap between theory and practice, ultimately
benefiting both financial institutions and their clients.
Through a holistic examination of debt recovery practices, this project aspires to offer
concrete solutions and strategic insights for banks to navigate the complexities of debt
management effectively, ensuring sustainable financial stability and resilience in the
banking industry.
This abstract encapsulates the essence of the project's objectives, methodologies, and
anticipated outcomes related to the assessment of debt recovery in banks.

Key Words: Loan, Loan Recovery performance, Loan Repayment, Credit, Credit
Management, non –performing loans, Collaterals, Disbursement, Credit Policy, Credit
Risk, Loan portfolio.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 8


Introduction

In the ever-evolving landscape of the financial sector, debt recovery stands as a critical
function for banks to maintain financial stability and mitigate risks associated with non-
performing assets. The ability to recover debts efficiently and effectively is not only
essential for preserving the bank's profitability but also for ensuring the overall health of
the financial system.
The project titled "An Assessment of Debt Recovery in Banks" embarks on a
comprehensive journey to evaluate the existing debt recovery strategies employed by
banks and to identify opportunities for enhancement in this crucial aspect of financial
management. By delving deep into the intricacies of debt recovery practices, this
assessment aims to shed light on the challenges, best practices, and innovative
approaches that shape the success or failure of debt recovery initiatives within the
banking sector.
Through a multi-faceted approach encompassing literature review, data collection,
analysis, and presentation of findings, this project seeks to uncover invaluable insights
that will not only benefit individual banks but contribute to the broader understanding of
debt recovery dynamics in the financial industry. By scrutinizing the current
methodologies, examining industry trends, and proposing pragmatic recommendations,
this assessment endeavours to equip banks with the knowledge and strategies necessary
to optimize their debt recovery processes and navigate the complexities of debt
management effectively.
In an era characterized by economic uncertainties and dynamic market conditions, the
significance of robust debt recovery strategies cannot be overstated. This project
represents a crucial step towards evaluating, refining, and innovating debt recovery
practices within banks, ultimately aiming to bolster financial resilience, enhance
performance, and foster a culture of proactive risk management in the banking sector.
As I embark on this exploration of debt recovery in banks, the insights gleaned from this
assessment are poised to not only inform strategic decision-making within individual
institutions but also contribute to the ongoing dialogue surrounding best practices in
debt recovery, thus shaping the future of financial management in the banking industry.
This introduction sets the stage for the project "An Assessment of Debt Recovery in
Banks" by outlining the importance of debt recovery, the objectives of the assessment,
and the anticipated impact on the banking sector.
Manipal Academy of Banking, Financial Services and Insurance – Bangalore 9
Objective of the Study

Following are the objectives of the study

Objective of study are divided into general and specific objectives.

 To understand Default and Re-scheduling in Retail Loans


 To understand Monitoring of Loan Accounts
 To know Classification of Irregular Loan Accounts
 To understand Recovery Policy of Banks
 To know Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI Act)
 To know Debt Recovery Tribunal (DRT)
 To know Recovery through Lok Adalat
 To know Engaging Direct Recovery Agents

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 10


Research Methodology

Data collection method: The report will be prepared mainly using secondary data viz,

Secondary data
Company manuals.
Commercial Banks Book.
The techniques, which would be used for the study:
1. Discussions with Bank guide and customers.
2. By studying projects reports
3. Using Project Techniques

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 11


Repayment in Retail Loans
Repayment in retail loans refers to the process by which individual consumers
or retail customers repay the borrowed funds, typically utilized for personal
consumption or purchases. Here are some key aspects of repayment in retail
loans:

1. Monthly Payments: Retail borrowers typically make monthly payments to


repay the principal amount borrowed along with any applicable interest.
These payments are structured based on the terms outlined in the loan
agreement.

2. Payment Methods: Retail loan repayments can be made through various


methods, including online payments, automatic deductions from bank
accounts, check payments, or in-person payments at the lender's offices or
designated locations.

3. Amortization: Retail loans often follow an amortization schedule, where


each payment includes a portion that goes towards reducing the principal
balance and another portion for interest payments. Over time, the proportion
of the payment allocated to principal increases.

4. Late Payments: Failure to make timely payments on retail loans can result
in penalties, late fees, and adverse effects on the borrower's credit score.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 12


5. Prepayment: Some retail loans allow borrowers to make prepayments,
enabling them to pay off the loan before the scheduled term ends. However,
prepayment terms and any associated penalties are specified in the loan
agreement.

6. Loan Servicing: The handling of repayments, account management, and


customer service related to retail loans is typically overseen by loan servicers
or financial institutions responsible for collecting payments and managing
borrower accounts.

7. Loan Terms: Retail loan repayments are governed by the terms and
conditions outlined in the loan agreement, including the interest rate,
repayment schedule, total loan amount, and any other specific provisions
related to repayment.

Understanding the repayment process in retail loans is crucial for borrowers


to manage their finances effectively, meet their obligations in a timely
manner, and avoid any potential repercussions associated with default or
non-payment.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 13


Default and Re-scheduling in Retail Loans

Default and rescheduling are crucial aspects of retail loans that borrowers and
lenders need to understand. Here is an overview of default and rescheduling
in retail loans:

1. Default:
- Definition: Default occurs when a borrower fails to make payments on a
loan as per the agreed terms and schedule. It can lead to serious
consequences such as legal action, damage to credit scores, and potential loss
of collateral.
- Consequences: Lenders may initiate collection efforts, impose late fees,
report the default to credit bureaus, and take legal action to recover the
outstanding amount.

2. Rescheduling:
- Definition: Loan rescheduling involves modifying the terms of the original
loan agreement to accommodate the borrower's financial situation. This can
include extending the loan term, reducing monthly payments, or adjusting the
interest rate.
- Purpose: Rescheduling is often done to help borrowers who are facing
difficulty in meeting their repayment obligations, with the aim of preventing
default and assisting them in repaying the loan successfully.
- Process: Lenders may require borrowers to provide updated financial
information to assess their ability to repay under the rescheduled terms. Once
approved, a new loan agreement outlining the revised terms is created.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 14


3. Communication:
- It is important for borrowers to communicate with their lenders proactively
if they are at risk of defaulting on their retail loans. Open communication can
help explore options for rescheduling or alternative repayment plans.

4. Legal Considerations:
- Both default and rescheduling have legal implications. Lenders must
adhere to regulations governing loan modifications and debt collection
practices to protect borrowers' rights.

5. Financial Counselling:
- Borrowers facing financial challenges should consider seeking advice from
financial counsellors or credit counselling agencies to explore options for
managing their debts and avoiding default.

Understanding default and the rescheduling process in retail loans can help
borrowers navigate financial difficulties effectively and work towards
resolving repayment issues with their lenders in a mutually beneficial manner.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 15


Monitoring of Loan Accounts

Monitoring of loan accounts is a critical aspect of loan management to ensure


timely payments, track account performance, and assess credit risk. Here are
key points related to the monitoring of loan accounts:

1. Payment Monitoring:
- Regularly monitoring loan accounts involves tracking payment due dates,
verifying payment receipts, and identifying late or missed payments promptly.
- Automated systems or reminders can help streamline the monitoring
process and ensure that payments are made on time.

2. Account Performance:
- Monitoring loan accounts involves analyzing account performance metrics
such as delinquency rates, payment history, and overall account health.
- By assessing account performance, lenders can identify early warning signs
of potential defaults or financial distress.

3. Credit Risk Assessment:


- Monitoring loan accounts allow lenders to assess credit risk by evaluating
borrower behaviour, payment trends, and financial stability.
- By analysing loan account data, lenders can make informed decisions about
extending credit, modifying repayment terms, or initiating collection actions.

4. Communication with Borrowers:

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 16


- Effective monitoring includes communicating with borrowers to provide
updates on account status, address any payment issues, and offer support or
guidance as needed.
- Building a positive borrower-lender relationship through clear
communication can help prevent account delinquencies and defaults.

5. Technology and Tools:


- Utilizing digital tools and loan management systems can streamline the
monitoring process by providing real-time account information, payment
history, and alerts for unusual account activities.
- These tools enable lenders to efficiently track multiple loan accounts and
proactively manage credit risk.

6. Compliance and Regulations:


- Monitoring loan accounts also involve ensuring compliance with legal and
regulatory requirements related to loan servicing, data privacy, and debt
collection practices.
- Lenders must adhere to industry guidelines and regulations to protect
borrowers' rights and maintain ethical loan management practices.

By effectively monitoring loan accounts, lenders can mitigate credit risks,


maintain healthy borrower relationships, and take proactive measures to
address potential repayment challenges before they escalate into defaults or
financial issues.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 17


Classification of Irregular Loan Account

Classification of irregular loan accounts is vital in the loan management


process to categorize accounts based on their payment status and level of
risk. Here are common classifications for irregular loan accounts:

1. Performing Loans:
- Regular/Paying: Accounts where borrowers make payments as scheduled
without any delays or defaults are classified as regular or performing loans.
These accounts pose minimal risk to the lender.

2. Irregular Loans:
- Substandard Loans: These accounts show signs of irregularity, such as
delayed payments or partial payments. Substandard loans have a higher risk
of default, and additional monitoring and actions may be required.

- Special Mention Loans: Accounts that exhibit significant irregularities or are


at risk of becoming non-performing are classified as special mention loans.
These accounts require closer attention and potential intervention to prevent
further deterioration.

- Non-Performing Loans (NPLs): Accounts where borrowers have stopped


making payments or are severely delinquent are classified as non-performing
loans. NPLs pose a high risk to the lender and may require specific recovery
procedures.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 18


3. Doubtful Loans:
- Doubtful loans: Accounts classified as doubtful have a high probability of
default, with significant uncertainty regarding the borrower's ability to repay.
These accounts may require provisions for potential losses.

4. Bad Loans:
- Loss Loans: Accounts classified as loss loans are those where full recovery
is unlikely, and the lender may need to write off the loan as a loss. These
accounts represent the highest level of credit risk and financial loss.

Proper classification of irregular loan accounts helps lenders assess the quality
of their loan portfolios, identify potential risks, allocate provisions for
potential losses, and determine appropriate strategies for managing troubled
loans. Effective management of irregular accounts is crucial for maintaining a
healthy loan portfolio and minimizing financial exposure to defaults.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 19


Recovery Policy of Banks

The recovery policy of banks refers to the strategies and procedures


implemented by financial institutions to recover outstanding loan amounts
from borrowers who have defaulted on their payments. Here are key
elements typically included in the recovery policy of banks:

1. Identification of Default:
- The policy outlines criteria for identifying accounts that are in default
based on delinquency periods, missed payments, and other relevant factors.

2. Communication and Notifications:


- Guidelines on communication with delinquent borrowers, including issuing
payment reminders, notices of default, and notifications of potential legal
actions if payments are not made.

3. Recovery Strategies:
- Defined strategies for recovering the outstanding amounts, which may
include restructuring the loan, negotiating payment plans, collateral
liquidation, or initiating legal proceedings.

4. Collateral Valuation and Realization:


- Procedures for valuing and liquidating collateral provided by borrowers to
secure the loans in case of default, ensuring appropriate recovery of loan
amounts.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 20


5. Debt Collection:
- Processes for engaging internal collection teams or third-party debt
collection agencies to recover the debt, following legal guidelines and ethical
practices.

6. Legal Action:
- Steps to be taken for initiating legal action against defaulting borrowers,
including filing lawsuits, obtaining judgment orders, and enforcing debt
recovery through legal means.

7. Loan Write-off Policies:


- Criteria for determining when a loan should be classified as uncollectible
and written off as a loss on the bank's books, based on regulatory
requirements and internal risk assessment.

8. Recovery Rates and Performance Metrics:


- Monitoring and reporting mechanisms to track the efficiency of the
recovery process, including recovery rates, time taken to recover debts, and
overall performance of the recovery efforts.

9. Regulatory Compliance:
- Ensuring that the recovery policy complies with regulatory requirements,
industry standards, and best practices to protect both the bank's interests and
borrowers' rights.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 21


10. Customer Support and Rehabilitation:
- Provision of support services or loan rehabilitation programs to help
distressed borrowers recover from financial difficulties and resume regular
repayments.

A well-defined and robust recovery policy is essential for banks to manage


credit risk effectively, protect their financial interests, and maintain the
stability of their loan portfolios in the face of defaulting borrowers.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 22


Securitization and Reconstruction of Financial Assets
and Enforcement of loan

The Securitization and Reconstruction of Financial Assets and Enforcement of


Security Interest (SARFAESI) Act is a significant legislation in India that
empowers banks and financial institutions to enforce their security interests
in cases of loan defaults. Here are key points related to SARFAESI and the
enforcement of loans:

1. SARFAESI Act:
- The SARFAESI Act was enacted in India in 2002 to provide a legal
framework for asset reconstruction and enforcement of security interests by
banks and financial institutions.

2. Enforcement of Security Interest:


- Under SARFAESI, lenders have the authority to enforce security interests
without the intervention of the court in the case of default by borrowers.
- Lenders can take possession of the secured assets, sell them, and recover
their dues without the need for a lengthy legal process.

3. Reconstruction of Financial Assets:


- The Act also enables banks to reconstruct financial assets through asset
reconstruction companies (ARCs) to manage and recover bad loans and non-
performing assets (NPAs).

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 23


4. Key Features:
- SARFAESI provides provisions for issuing demand notices to defaulting
borrowers, taking possession of secured assets, and selling them through
public auction to recover dues.
- It includes the establishment of Debt Recovery Tribunals (DRTs) and
provides a mechanism for the speedy resolution of debt recovery matters.

5. Protection of Borrower Rights:


- While SARFAESI empowers lenders to enforce their security interests, it
also includes provisions to safeguard borrower's interests and provides
avenues for borrowers to appeal against lender actions.

6. Impact on Banking Sector:


- SARFAESI has played a significant role in improving the recovery of bad
debts, reducing NPAs, and strengthening the financial stability of banks by
expediting the resolution of stressed assets.

7. Challenges and Implementations:


- Challenges in the effective implementation of SARFAESI include legal
complexities, borrower resistance, and ensuring transparency in the
enforcement process.

Understanding the provisions of SARFAESI and the enforcement mechanisms


it offers is essential for banks and financial institutions in managing and
resolving loan defaults effectively while balancing the interests of lenders and
borrowers.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 24


MEANING OF NON-PER FORMING ASSETs (NPA)

The three letters Strike terror in banking sector and business circle.NPA is
short form of Non-Performing Asset". The dreaded NPA rule says simply
this: when interest or other due to a bank remains unpaid for more than 90
days, the entire bank loan automatically turns a non performing asset.

Security Interest Act, 2002 (SARFAESI Act)

The Security Interest Act, 2002, commonly known as the SARFAESI Act, stands
for the Securitization and Reconstruction of Financial Assets and Enforcement
of Security Interest Act. Here is an overview of the SARFAESI Act and its key
provisions:

1. Purpose:
- The SARFAESI Act was enacted to enable banks and financial institutions to
address the issue of non-performing assets (NPAs) efficiently by empowering
them to enforce security interests without court intervention.

2. Enforcement of Security Interest:


- One of the primary features of the SARFAESI Act is that it grants secured
creditors (lenders) the right to take possession of the secured assets and sell
them without the need for court proceedings in the event of borrower
default.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 25


3. Recovery Mechanisms:
- The Act provides legal provisions for lenders to issue a notice to defaulting
borrowers demanding repayment, take possession of the secured assets, and
sell or lease the assets to recover dues.

4. Debt Recovery Tribunals (DRTs):


- SARFAESI Act establishes Debt Recovery Tribunals (DRTs) to facilitate the
resolution of debt recovery cases and address disputes related to the
enforcement of security interests.

5. Asset Reconstruction Companies (ARCs):


- The Act allows the establishment of Asset Reconstruction Companies
(ARCs) to acquire distressed assets from banks and financial institutions and
manage their resolution and recovery.

6. Borrower Protections:
- While the SARFAESI Act empowers lenders with enforcement rights, it also
includes provisions to protect the interests of borrowers, such as the
opportunity to appeal against lender actions and challenge the enforcement
process.

7. Speedy Recovery:
- One of the key advantages of the SARFAESI Act is that it provides a
streamlined and expedited process for lenders to recover their dues, leading
to quicker resolution of non-performing assets.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 26


8. Impact on Banking Sector:
- The implementation of the SARFAESI Act has had a significant impact on
the banking sector by improving the recovery of bad debts, reducing NPAs,
and enhancing the overall efficiency of the debt recovery process.

Overall, the SARFAESI Act serves as a crucial tool for banks and financial
institutions in India to address loan defaults and strengthen the financial
system by enabling swift and effective enforcement of security interests for
loan recovery.

Debt Recovery Tribunal (DRT)

The Debt Recovery Tribunal (DRT) is a specialized quasi-judicial body in India


that was established under the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993 (RDDBFI Act). Here is an overview of the Debt Recovery
Tribunal (DRT) and its role in the debt recovery process:

1. Establishment:
- DRTs were set up to provide a faster and more streamlined mechanism for
the recovery of bad debts and non-performing assets (NPAs) by banks and
financial institutions.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 27


2. Jurisdiction:
- DRTs have jurisdiction over cases related to the recovery of debts due to
banks and financial institutions, where the amount of debt exceeds a certain
threshold specified in the RDDBFI Act.

3. Functions:
- The primary function of DRTs is to hear and adjudicate cases filed by banks
and financial institutions for the recovery of outstanding loans and debts.
They have the authority to pass orders for the recovery of dues from
defaulting borrowers.

4. Debt Recovery Process:


- When a bank or financial institution files a case with a DRT for debt
recovery, the tribunal conducts hearings, examines evidence presented by
both parties, and issues orders for the repayment of the outstanding debt.

5. Speedy Resolution:
- DRTs are intended to provide a speedy resolution of debt recovery cases to
help banks and financial institutions recover their dues efficiently and reduce
the burden of non-performing assets on their balance sheets.

6. Appellate Authority:
- Decisions made by DRTs can be challenged through appeals to the Debt
Recovery Appellate Tribunals (DRATs) established for each region. DRATs
serve as appellate authorities to review the decisions of DRTs.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 28


7. Enforcement:
- Orders issued by DRTs for the recovery of debts are legally binding, and
they have the power to attach and sell the assets of defaulting borrowers to
recover the outstanding loan amounts.

8. Efficiency and Transparency:


- DRTs play a crucial role in promoting the efficiency and transparency of the
debt recovery process by providing a dedicated forum for resolving debt-
related disputes and facilitating the recovery of dues.

Overall, the Debt Recovery Tribunal (DRT) system in India plays a vital role in
expediting the recovery of bad debts and enhancing the effectiveness of the
debt recovery process for banks and financial institutions.

Recovery through Lok Adalat

Recovery through Lok Adalat involves a method of debt resolution that utilizes
the platform of Lok Adalat’s, which are informal dispute resolution forums in
India. Here is an overview of how recovery through Lok Adalat works:

1. Lok Adalat Concept:


- Lok Adalat’s are alternative dispute resolution mechanisms aimed at
resolving disputes and facilitating settlements through conciliation,
mediation, and negotiation, without the need for formal legal proceedings.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 29


2. Debt Recovery in Lok Adalat:
- In cases of debt recovery, parties involved in a debt dispute, such as
lenders and borrowers, can opt to participate in a Lok Adalat to reach an
amicable settlement regarding the repayment of debts.

3. Informal Setting:
- Lok Adalat’s provide a less formal and more accessible environment for
resolving disputes compared to traditional court processes. They encourage
open communication and mutual agreement between the parties.

4. Adjudication by Panel:
- A panel comprising legal experts and social activists presides over Lok
Adalat sessions and assists the parties in reaching a fair and acceptable
resolution regarding debt repayment.

5. Voluntary Participation:
- Participation in Lok Adalat proceedings is voluntary, and both parties must
consent to engage in the process. The emphasis is on mutual agreement and
voluntary settlement rather than imposed judgments.

6. Binding Nature of Settlement:


- Once an agreement is reached in a Lok Adalat regarding debt recovery, the
settlement is legally binding on the parties involved. This promotes
compliance and enforcement of the agreed-upon terms.

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7. Benefits:
- Recovery through Lok Adalat offers several benefits, including cost-
effectiveness, quicker resolution of disputes, confidentiality, and a non-
adversarial approach to debt recovery.

8. Public Awareness and Outreach:


- Lok Adalat’s also serve as platforms for creating public awareness about
legal rights, promoting access to justice, and encouraging community
participation in dispute resolution processes.

9. Supplement to Legal Proceedings:


- While Lok Adalat’s provide an effective and efficient means of debt
recovery, their decisions are supplemental to legal proceedings and do not
replace formal court judgments in cases of non-compliance.

Utilizing Lok Adalat’s for debt recovery can be a collaborative and mutually
beneficial approach for lenders and borrowers to resolve debt-related
disputes outside the traditional judicial system, promoting reconciliation and
timely settlement of financial obligations.

Manipal Academy of Banking, Financial Services and Insurance – Bangalore 31


Manipal Academy of Banking, Financial Services and Insurance – Bangalore 32

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