Full DRT and DRAT representation for Kerala borrowers — Original Application defence, Securitisation Application, cross-Original Applications, DRAT appeals with the mandatory deposit strategy, and coordinated writs at the Kerala High Court.
This page is for general information. It is not legal, tax or investment advice. Every NPA / SARFAESI / DRT matter is fact-specific — speak to a qualified advisor before acting.
DRT Ernakulam is the single DRT for Kerala and Lakshadweep. A typical Original Application under the DRT Act (RDDBFI) is disposed in 12–24 months on merits; a Securitisation Application under Section 17 SARFAESI is often disposed faster where interim orders are granted early. Court fee ceiling is ₹1.5 lakh.
Under Section 18 SARFAESI, the borrower must deposit 50% of the debt determined by the DRT (reducible to 25% on prayer) before a DRAT appeal is heard on merits. Structuring the pre-deposit — cash + bank guarantee + partial waiver — is a specialised drafting exercise; a poorly drafted waiver plea is the most common reason DRAT appeals collapse.
A DRT counter-claim / cross-OA can be filed against the bank for wrongful classification, breach of the RBI IRAC Circular, or wrongful appropriation of receivables. In Kerala, Federal Bank and South Indian Bank exposures often involve receivables cross-holding — a well-timed cross-OA materially improves settlement leverage.
Where the DRT is unable to grant early interim relief and the auction is imminent, an Article 226 writ before the Kerala High Court can be filed on narrow jurisdictional grounds. We coordinate DRT + HC strategy so the pleadings are consistent.
Writ jurisdiction seat.
DRT Ernakulam is the single DRT for Kerala and Lakshadweep.
Cashew (Kollam); Rubber & spices (Kottayam-Idukki); Gulf-return real estate; Fisheries & seafood exports
Auction / procedural note. Kerala Conservation of Paddy Land and Wetland Act restrictions can void auction of paddy/wetland — buyer must confirm land classification before EMD.
