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High-Value Cases in Debt Recovery Tribunals: Legal Frictions

I. Abstract

High-value debt recovery cases play a disproportionately important role in India’s financial system. While such cases reportedly constitute a very small fraction of the total caseload before Debt Recovery Tribunals (DRTs), they account for a dominant share of the total value of claims, prompting policy measures such as the creation of special DRT benches for cases above specified monetary thresholds. Yet, despite their systemic importance, high-value cases remain difficult to study using publicly available tribunal data. This blog examines what existing DRT administrative data can and cannot tell us about high-value cases. Drawing on case-level data from Mumbai DRTs and publicly reported policy and media sources, it highlights a critical gap: routine tribunal datasets do not systematically record claim size or recovery value. As a result, high-value cases are visible in headlines and policy discourse but largely invisible in standard performance metrics such as pendency and disposal. The blog argues that this absence of value-based metadata limits meaningful oversight of tribunal functioning and complicates efforts to design targeted institutional reforms. It concludes by outlining how relatively modest improvements in data reporting could significantly enhance transparency and evidence-based policymaking in debt recovery. 

II. Introduction

Debt Recovery Tribunals (DRTs) sit at the heart of India’s formal credit enforcement system. They adjudicate claims by banks and financial institutions against defaulting borrowers and serve as one of the key institutional mechanisms for cleaning up stressed assets. Over time, however, DRTs have come to be associated less with swift recovery and more with mounting backlogs, procedural delays, and administrative bottlenecks. It is in this context that a renewed policy focus has emerged around “high-value” cases, those involving very large sums of money and, by extension, greater implications for financial stability.

Recent policy discussions indicate a renewed emphasis on the treatment of high-value debt recovery cases before Debt Recovery Tribunals (DRTs). Media reports suggest that the Union Government is considering reforms that would allow DRTs to prioritise or structurally reorganise adjudication of large-value claims, particularly in the context of persistent pendency and slow recovery outcomes. These developments signal a broader shift in how debt recovery is being conceptualised, away from uniform case processing and toward differentiated treatment based on financial exposure.1

Parliamentary Data on High-Value NPAs in Public Sector Banks

In response to an unstarred question in the Rajya Sabha on 28 March 2023, the Ministry of Finance provided data on loans and advances of Public Sector Banks (PSBs) that turned into Non-Performing Assets (NPAs) over the preceding three financial years.2 According to RBI data cited by the Government, an aggregate amount of ₹4,99,631 crore turned into NPAs in PSBs during this period.

Out of this, loans with an outstanding amount of ₹100 crore and above accounted for ₹1,47,705 crore of slippages into NPAs. This indicates that a substantial share of NPAs originated from large-value accounts.

Lessons from 2022: When Jurisdiction of High-Value Met the Courts

In October 2022, the Central Government issued a Notification3 that sought to reallocate pecuniary jurisdiction in Debt Recovery Tribunals (DRTs) so that cases involving claims of ₹100 crore or more would be heard only at selected tribunals in Delhi, Chennai, and Mumbai. The purported aim was to streamline high-value dispute resolution by concentrating such matters in designated forums.

The following is a summary of how the Notification was challenged in various High Courts:

Bombay High Court
The Aurangabad Bench of the Bombay High Court stayed that Notification in November 2022 on the ground that it appeared to divest existing DRTs of their pecuniary jurisdiction without any corresponding amendment to the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act). The High Court observed that the impugned Notification effectively transferred matters valued above ₹100 crore away from the tribunals originally vested with jurisdiction, creating a novel pecuniary limitation that was prima facie unsustainable in law and potentially disruptive of established tribunal hierarchies.4 The Court noted that if the Notification were later held to be unsustainable, thousands of cases that had been transferred might have to be moved back to their original tribunals, exacerbating administrative and logistical challenges.5

Kerala High Court
On December 2, 2022, the Kerala High Court in the case of M/s. Ansu Enterprises Pvt. Ltd. v. The Registrar, DRT-I Ernakulam & Ors.) stayed the operation of a Government of India notification dated October 4, 2022 to the extent it transferred jurisdiction of all Debt Recovery Tribunal (DRT) applications involving debt amounts of ₹100 crores and above from the DRT-I and DRT-II at Ernakulam to the DRT-I at Chennai.6

The stay was granted with the bench prima facie observing that the notification could prejudice litigants by forcing them to pursue matters outside Kerala and that the right of reasonable access to adjudication is part of the fundamental right of access to courts.7

Gujarat High Court
Along with the notification previously stayed by the Aurangabad Bench of the Bombay High Court and the Kerala High Court, a PIL was filed in Gujarat High Court in the case of Nipun Praveen Singhvi v. Union of India (Writ Petition (PIL) No. 91 of 2022)8.

The notification provided that all DRT applications involving debt amounts of ₹100 crore and above, previously within the jurisdiction of DRT-I Ahmedabad and DRT-II Ahmedabad, would stand transferred to DRT-I Mumbai.

The PIL contended that the transfer adversely affects bankers, borrowers, guarantors, and other stakeholders by compelling them to litigate outside their home jurisdiction. It argued that this relocation undermines access to justice, increases litigation costs, and overburdens DRT-I Mumbai. The petition also challenged the notification on grounds of lack of intelligible differentia and questions whether the Ministry of Finance was competent to issue it. The petition sought quashing of the notification and, pending adjudication, a stay on its operation.

The Gujarat High Court while hearing the case had issued notice to the Union of India in challenging the Central Government’s October 4, 2022.9 A Division Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri, posted the matter for further hearing.

Conclusion

The High Court’s intervention illustrates the legal boundary within which any reform of tribunal jurisdiction must operate. While administrative convenience and economic logic may favour specialised mechanisms, the tribunal structure is anchored in statute, and deviations require careful legislative calibration. The stays granted by the High Courts in 2022 serve as a cautionary precedent for ongoing debates about rethinking jurisdiction of high-value cases in DRTs.

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