— Understanding The Forum

DRT Patna — the sole tribunal for the entire State of Bihar

For borrowers across Bihar, the Debt Recovery Tribunal becomes relevant the moment their bank issues a notice under the SARFAESI Act. Whether it is a demand notice under Section 13(2), a possession notice under Section 13(4), a Section 14 order from the District Magistrate for physical possession, or a notice of auction — the DRT is the primary forum where these actions can be challenged. A borrower's Section 17 Securitisation Application must be filed before DRT Patna within 45 days of the bank's action.

DRT Patna exercises jurisdiction over the entire State of Bihar — all 38 districts. It is the sole DRT bench for Bihar. Every borrower and lender in Bihar, regardless of which district their property or bank branch is located in — whether in Patna, Gaya, Muzaffarpur, Bhagalpur, Purnia, Darbhanga, Begusarai, Nalanda, Arrah or any other district — must file their Original Applications and Section 17 Securitisation Applications before DRT Patna. Under the RDB Act, a case can only be filed where the amount in dispute is Rs. 20 lakh or more. Under the SARFAESI Act, the threshold is much lower — a borrower can file a Section 17 Securitisation Application where the secured debt is Rs. 1 lakh or more.

Appeals against DRT Patna orders go to DRAT Allahabad at Prayagraj. A borrower filing an appeal must pre-deposit 50% of the determined amount, though this can be reduced to as low as 25% in appropriate cases. Banks and financial institutions filing appeals are not required to make any pre-deposit.

For writ petitions challenging SARFAESI or DRT action, the correct forum is the Patna High Court at Patna. The Patna High Court sits at Patna — the same city as DRT Patna — making Patna one of the more convenient jurisdictions for banking and debt recovery litigation, with the tribunal, the appellate authority, and the writ court all accessible from the same city.

— What We Handle

DRT & SARFAESI Legal Services for Patna Matters

From the first filing to the last recovery step, here's where we get involved.

Challenge to Possession Notice — Section 17 Securitisation Application

Where a bank has issued a possession notice under Section 13(4) for a Patna property, a Section 17 Securitisation Application must be filed before DRT Patna within 45 days. We draft and argue these applications, seeking stay of further action pending adjudication.

Stay Against Physical Possession — Section 14

Where a bank has obtained a Section 14 order from the District Magistrate, Patna for physical possession, we appear before DRT Patna to challenge and seek immediate stay of dispossession of the secured asset.

Auction Stay & Injunction

Where a bank has published an auction notice for a Patna property, we file urgent applications before DRT Patna seeking stay of the auction — based on undervaluation, procedural lapses, or inadequate notice.

Sale Certificate Cancellation

Where a Patna property has already been sold in a bank auction, we challenge the validity of the sale before DRT Patna on grounds including procedural non-compliance, inadequate reserve price, and failure to follow mandatory auction procedures.

Original Applications — RDB Act (Section 19)

For banks, NBFCs, and ARCs seeking recovery of outstanding dues through DRT Patna for Patna matters, we file and argue Original Applications under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 — including interim attachment applications under Section 19(13).

DRAT Allahabad Appeals

Appeals against DRT Patna orders on Patna matters before DRAT Allahabad — including applications for reduction of the mandatory pre-deposit and urgent stay applications where enforcement action is imminent pending appeal.

Who We Represent

DRT matters, from both sides of the table

Individuals

Borrowers & Guarantors

  • Challenging SARFAESI possession or auction action under Section 17 Securitisation Application
  • Raising counter-claims and limitation defences within an Original Application
  • Filing DRAT Allahabad appeals against an adverse DRT order
  • Negotiating a workable One-Time Settlement with the lender
Institutions

Banks, NBFCs & ARCs

  • Drafting and filing Original Applications for recovery of dues
  • Seeking interim attachment where assets are at risk of dissipation
  • Defending SARFAESI Section 17 challenges filed by borrowers
  • Executing Recovery Certificates through to attachment and sale

Our Process

How we handle a DRT matter for Patna clients

01

Share your documents

Loan papers, the notice you've received, or the OA filed against you — sent over WhatsApp, email, or the contact form.

02

Case assessment

We review the facts, the limitation position, and the merits, and tell you plainly where you stand.

03

Drafting & filing

The Original Application, SARFAESI challenge, or written statement is prepared and filed within the statutory timeline.

04

Hearings & representation

We appear at every hearing before the relevant DRT bench, arguing interim applications as needed along the way.

05

Recovery or resolution

Through to Recovery Certificate execution, a negotiated settlement, or a DRAT appeal where the order calls for one.

Where Your Matter Is Heard

Three Forums for Patna DRT Matters

A Bihar banking dispute involves three forums — DRT Patna and Patna High Court both sit in the same city.

DRT Patna

The sole DRT bench for all 38 districts of Bihar — hears Section 17 Securitisation Applications, Original Applications, and all DRT matters from every district of Bihar.

DRAT Allahabad

Exercises appellate jurisdiction over DRT Patna — borrowers must pre-deposit 50% of the determined amount, reducible to 25% in appropriate cases. Banks are not required to pre-deposit.

Patna High Court

Writ petitions challenging SARFAESI or DRT action for Bihar matters go to the Patna High Court — which sits at Patna, in the same city as DRT Patna.

Patna is convenient for Bihar litigants: DRT Patna and the Patna High Court both sit in Patna. DRAT Allahabad at Prayagraj is the only forum requiring travel for Bihar banking matters.

— Why FixLegally

A practice built specifically around banking recovery law

10+

Years exclusively in banking & debt recovery litigation

6+

Major banks & institutions as panel counsel

1000+

SARFAESI & DRT matters handled

Both

Lenders & borrowers represented — full understanding of both sides

— Common Questions —

DRT Lawyer in Patna — FAQ's

DRT Patna exercises jurisdiction over the entire State of Bihar — all 38 districts without exception. DRT Patna is the sole DRT bench for Bihar. Every borrower and lender in Bihar — whether in Patna, Gaya, Muzaffarpur, Bhagalpur, Purnia, Darbhanga, Begusarai, Nalanda, Arrah, Chapra or any other district — must file their Original Applications and Section 17 Securitisation Applications before DRT Patna.
No — a borrower cannot approach the DRT immediately upon receipt of a demand notice under Section 13(2) of the SARFAESI Act. The demand notice is not an enforcement action — it gives the borrower 60 days to clear the outstanding dues. At this stage, the correct remedy is to file a written objection to the authorised officer of the bank under Section 13(3A) of the SARFAESI Act. The right to approach DRT Patna under Section 17 arises only after the bank takes a further enforcement action — such as taking possession or issuing an auction notice.
No — the SARFAESI Act expressly excludes agricultural land from its scope. A bank cannot issue a possession notice, take physical possession, or proceed to auction a property that is agricultural in nature under the SARFAESI Act. This exclusion is particularly significant in Bihar given the large agricultural landholdings across the state. If a bank has initiated SARFAESI enforcement proceedings against agricultural land, the entire action is open to challenge before DRT Patna on this ground alone.
DRT Patna is not a forum reserved only for banks. If a borrower in Patna or anywhere in Bihar has received a possession notice under Section 13(4), or a Section 14 order has been passed by the District Magistrate for physical possession, or the borrower has been served with an auction notice — in all these situations, the borrower can approach DRT Patna by filing a Section 17 Securitisation Application. Borrowers can also raise counter-claims and defences within an Original Application filed against them by a bank under the RDB Act.
The limitation period is 45 days from the date of the action being challenged. This deadline is strictly applied and delay in filing can result in the application being rejected on limitation grounds alone. If you have received any such notice for a Patna property, the clock is already running.
Yes — the law treats borrower and guarantor as equivalent parties for the purpose of recovery. A bank is not required to first exhaust recovery against the borrower before proceeding against the guarantor. Both can be proceeded against simultaneously. A guarantor who has received a SARFAESI notice has the same right to file a Section 17 Securitisation Application before DRT Patna as a borrower does.
For SARFAESI matters, the Act sets a statutory timeline — a Section 17 Securitisation Application is required to be disposed of within 60 days of filing. Where that is not possible, the outer limit is four months. In practice, timelines can extend beyond this in contested matters. We give a realistic assessment of the likely timeline after reviewing your specific papers.
No — NPA classification is a mandatory prerequisite before any notice can be issued under Section 13(2). If a bank has issued a SARFAESI notice without the loan account having been properly classified as a Non-Performing Asset in accordance with RBI guidelines, the entire enforcement action is open to challenge before DRT Patna on this ground alone.
Writ petitions challenging SARFAESI or DRT action for Bihar matters are filed before the Patna High Court, which sits at Patna — the same city as DRT Patna. This makes Patna one of the more convenient jurisdictions for banking and debt recovery litigation, since the tribunal, the appellate authority, and the writ court are all accessible from the same city.
The threshold depends on which law is being invoked. Under the Recovery of Debts and Bankruptcy Act, 1993, a bank or financial institution can only file an Original Application before DRT Patna where the outstanding dues are Rs. 20 lakh or more. However, under the SARFAESI Act, the threshold is much lower — a borrower can file a Section 17 Securitisation Application where the secured debt is Rs. 1 lakh or more.
No. Under the SARFAESI Act, a bank can take possession of a secured asset without prior court intervention — after a 60-day notice period under Section 13(2) and a possession notice under Section 13(4). The bank may also approach the District Magistrate, Patna under Section 14 for assistance in taking physical possession. A borrower who wants to challenge any of these actions must file a Section 17 Securitisation Application before DRT Patna within 45 days.

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