As per Section 19(3A) of Recovery of Debts & Bankruptcy Act, 1993 (RDB Act), an application for recovery of the amount due on a mortgage can be entertained by the DRT – State Bank of India Vs. Sampat Parasram Rathod and Anr. – DRAT Mumbai
The definition of debt under Sec. 2 (g) of the Recovery of Debts & Bankruptcy Act, 1993 (RDB Act) indicates that it would include a debt under a mortgage which is illegally recoverable on the date of the application. Sec. 1 (4) specifies that the provisions of the RDB Act apply to a debt due to any bank or financial institution and is not less than Rs. 20 lakhs. It is therefore fallacious to hold that a debt due on a mortgage is not recoverable by applying to the D.R.T. A reading of Sec. 19(3A) would make it further clear that an application for recovery of the amount due on a mortgage can be entertained by the D.R.T.