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Consultation
Book a consultation with the firm’s advocates — your papers read in advance, the position explained against the provisions that govern it, and a written plan of action. ₹15,000.
Courts & Tribunals
Mumbai's three DRT benches sit at Colaba (DRT-1, DRT-2) and Vashi (DRT-3); DRAT Mumbai sits at Telephone Bhavan, Colaba — all per the drt.gov.in registry.
Colaba, Mumbai 400005 (DRT-3: Vashi, Navi Mumbai)
Mumbai has three DRT benches — DRT-1 at Telephone Bhavan and DRT-2 at MTNL Bhavan, Colaba, and DRT-3 at Vashi. They hear OAs, SARFAESI Securitisation Applications and interim applications.
1st Floor, Telephone Bhavan, Strand Road, Colaba, Mumbai 400005
Appellate Tribunal for eight DRT benches at five seats — Mumbai (DRT-1 to DRT-3), Pune, Nagpur, Aurangabad and Ahmedabad (DRT-1, DRT-2). Appeal within 30 days of receipt of the order (RDB Act s.20(3)).
Mumbai
Hears IBC CIRP petitions (Sections 7, 9 and 10) for corporate debtors registered in its territory. The Principal Bench of the Tribunal is at New Delhi (Companies Act 2013, s.419(2)).
Fort Area, Mumbai 400032
Writ petitions under Articles 226/227 of the Constitution challenging DRAT orders and auction actions — there is no statutory appeal beyond DRAT; the High Court exercises supervisory writ jurisdiction over Mumbai DRT and DRAT matters.
Banks with Corporate or Zonal Offices in Mumbai
Why Specialist Counsel
Mumbai’s real estate NPAs often involve multiple secured creditors, subrogation disputes, and an SRA/RERA overlay. DRT proceedings must be coordinated with RERA orders and district court attachment proceedings.
Foreign banks with Indian branches enforce through the same DRT and SARFAESI framework. Foreign-law governed loan agreements and cross-border security enforcement require lawyers familiar with both Indian DRT process and foreign law nuances.
Large Mumbai borrowers are often financed by consortia. DRT OAs may be filed by the lead bank, but recovery certificate execution, inter se distribution, and pari-passu security sharing require specialist co-ordination across all creditor banks.
SARFAESI auctions of commercial and residential property are challenged on reserve price methodology, Section 14 timelines and notice publication compliance; the record is built to withstand each.
For corporate borrowers, banks often run parallel DRT and IBC filings. Once CIRP moratorium triggers under Section 14 IBC, DRT/SARFAESI actions against the corporate debtor are stayed — but not against personal guarantors.
The benches in DRAT Mumbai’s circuit — Mumbai, Pune, Nagpur, Aurangabad and Ahmedabad — follow the orders of their appellate tribunal, so a DRAT Mumbai decision reaches all of them. Appellate strategy must account for that reach.
Process Guide
The SARFAESI Act allows banks and ARCs to enforce security interest without court intervention. Here is the standard enforcement timeline in Mumbai / Maharashtra.
Issue formal written demand to borrower + guarantors. Serve by registered post. Must state outstanding amount and give 60 days to repay. Respond to any Section 13(3A) representation within 15 days.
On borrower’s default / NPA classification, issue Possession Notice affixed to the secured property. Publish simultaneously in two newspapers (one English, one Marathi or local language) circulating in the district.
Symbolic possession is documented via panchnama in presence of witnesses. Physical possession requires borrower eviction — if resisted, proceed to Section 14 CMM application.
Apply to Chief Metropolitan Magistrate (Mumbai) or District Magistrate for police assistance in taking possession. The CMM/DM is to pass orders within 30 days, extendable to 60 days for reasons recorded in writing; police then assist in taking physical possession.
Commission registered valuer report; set reserve price (minimum = valuation). Publish e-auction notice 30 days in advance on SARFAESI/Ibapi portal. Conduct auction; sale proceeds applied to outstanding NPA debt.
Strategic Consideration
Banks can simultaneously run a DRT OA (for full principal + interest recovery) and file an IBC Section 7 CIRP petition (for insolvency resolution or liquidation). The two run in parallel until the NCLT admits the petition and declares the moratorium.
On CIRP admission, the moratorium declared under Section 14 halts all DRT/SARFAESI proceedings against the corporate debtor. Banks must then participate in the Committee of Creditors (CoC). However — crucially — SARFAESI and DRT proceedings continue against personal guarantors, because the moratorium does not apply to a surety in a contract of guarantee to a corporate debtor (Section 14(3)(b)).
The Section 14 moratorium in a corporate borrower's CIRP does not extend to a surety in a contract of guarantee to the corporate debtor (Section 14(3)(b) IBC), so banks can proceed under DRT/SARFAESI against guarantor assets while the CIRP runs. Lenders can use this dual track: IBC for the corporate borrower, DRT for promoter-guarantors simultaneously.
We advise lenders on the optimal track (DRT-first, IBC-first, or parallel) based on the borrower's solvency, asset profile, and number of creditors. For borrowers and guarantors, we defend across both forums simultaneously — ensuring no recovery certificate or SARFAESI possession order goes unchallenged.
Common Questions
Answers to the most common questions about DRT Mumbai, DRAT Mumbai, SARFAESI, and IBC debt recovery in Western India.
Mumbai has three DRT benches. DRT-1 sits at Telephone Bhavan and DRT-2 at MTNL Bhavan, Colaba Market, Colaba, Mumbai 400005; DRT-3 sits at the MTNL Building, Sector 30-A, near Vashi Railway Station, Vashi, Navi Mumbai 400703. DRAT Mumbai is at Telephone Bhavan, Strand Road, Colaba.
DRT Mumbai is the trial court where Original Applications (OA) and SARFAESI Security Applications (SA) are first filed. DRAT Mumbai is the Appellate Tribunal — it hears appeals against DRT orders under Section 20 of the RDDBFI Act and Section 18 of the SARFAESI Act. DRAT Mumbai also hears appeals from DRT Pune, DRT Nagpur, DRT Aurangabad and DRT Ahmedabad.
Yes, where Section 19(1) of the RDB Act points to Mumbai. An application lies to the Tribunal within whose local limits (a) the bank's branch or office maintaining the account in which the debt is outstanding is situated, (aa)/(b) the defendant, or any of the defendants, actually and voluntarily resides, carries on business or personally works for gain, or (c) the cause of action, wholly or in part, arises. Where more than one of these points to Mumbai, the bank has a choice of forum.
The threshold is ₹20 lakh (₹20,00,000): the Act does not apply where the debt due is less than that (Section 1(4) of the RDB Act 1993, read with notification S.O. 4312(E) of 6 September 2018). Claims below ₹20 lakh go to the civil or commercial courts. Many Mumbai real estate, MSME and foreign currency loans well exceed this threshold.
Under Section 17 of the SARFAESI Act, a borrower must file a Security Application (SA) before DRT Mumbai within 45 days of the SARFAESI measure taken (possession notice, auction notice, etc.). Section 17 contains no proviso for condoning delay, and whether a late application can be entertained is unsettled — the question is pending before the Supreme Court — so the 45 days should be treated as strict.
A DRT order can be appealed to DRAT Mumbai (not directly to Bombay High Court). Only after the DRAT order can a party file a writ petition before the Bombay High Court under Article 226/227 of the Constitution. The High Court does not normally sit in appeal over DRAT orders; it exercises only supervisory/writ jurisdiction.
The Act directs the Tribunal to make every effort to complete the proceedings in two hearings and to dispose of an application within 180 days of receipt (RDB Act s.19(24)); contested matters commonly run longer, and the firm gives a matter-specific estimate after reading the papers. Obtaining a Recovery Certificate and executing it through the Recovery Officer adds further time. A Section 19(13) interim application can be filed with the OA.
Court fees for a DRT Original Application are prescribed by Rule 7(2) of the Debts Recovery Tribunal (Procedure) Rules, 1993: ₹12,000 for claims up to ₹10 lakh; above that, ₹12,000 plus ₹1,000 for every ₹1 lakh (or part thereof) exceeding ₹10 lakh, subject to a maximum of ₹1,50,000. Fees are significantly lower than ad valorem civil-court fees, making DRT cost-effective for large claims.
The Bombay High Court exercises writ jurisdiction under Articles 226 and 227 over SARFAESI measures, but ordinarily declines to entertain a writ where the Section 17 remedy before the DRT is available. Where a writ is entertained, the questions are procedural compliance (the Section 13(2) notice, publication, reserve price) and the protection of a bona fide auction purchaser.
DRAT Mumbai hears appeals from eight DRT benches at five seats — Mumbai (DRT-1 to DRT-3), Pune, Nagpur, Aurangabad and Ahmedabad (DRT-1, DRT-2).
Yes. On a Section 17 application, DRT Mumbai can pass interim orders restraining the sale if the borrower shows a prima facie case that the measures do not comply with the Act and the Rules, balance of convenience and irreparable harm. The Tribunal is to dispose of the application itself within sixty days, extendable for reasons recorded to a total of four months (Section 17(5)).
On admission of an IBC CIRP petition, NCLT Mumbai declares the moratorium under Section 14 of the IBC, which stops all DRT/SARFAESI proceedings against the corporate debtor. However, SARFAESI actions against personal guarantors continue, because the moratorium does not apply to a surety in a contract of guarantee to a corporate debtor (Section 14(3)(b)). Banks often run parallel DRT and IBC tracks for the same borrower — this is legally permissible until the moratorium kicks in. Post-moratorium, creditors must participate in the CIRP process before NCLT.
Have a Mumbai DRT matter?
Speak with our team — DRT, DRAT, SARFAESI and IBC practice. Representing banks, NBFCs, ARCs and borrowers before the Mumbai DRTs, the Bombay High Court and DRAT Mumbai.