law: Recovery of Debts Due to Banks and Financial Institutions Act, 1993 
  19. Application to the Tribunal 
  
  (1) Where a bank or a financial institution has to recover any
  
  debt from any person, it may make an application to the Tribunal within the
  
  local limits of whose jurisdiction- 
  (a) the defendant, or each of the defendants
  
  where there are more than one, at the time of making the application, actually
  
  and voluntarily resides, or carries on business, or personally works for gain;
  
  or
  (b) any of the defendants, where there are
  
  more than one, at the time of making the application, actually and voluntarily
  
  resides, or carries on business, or personally works for gain; or
  (c) the cause of action, wholly or in part,
  
  arises.
  (2) Where a bank or a financial institution, which has to
  
  recover its debt from any person, has filed an application to the Tribunal
  
  under sub-section (1) and against the same person another bank or financial
  
  institution also has a claim to recover its debt, then, the later bank or
  
  financial institution may join the applicant bank or financial institution at
  
  any stage of the proceedings, before the final order is passed, by making an
  
  application to that Tribunal.
  (3) Every application under sub-section (1) or sub-section (2)
  
  shall be in such form and accompanied by such documents or other evidence and
  
  by such fee as may be prescribed:
  PROVIDED  that the fee may be prescribed having regard
  
  to the amount of debt to be recovered:
  PROVIDED FURTHER  that nothing contained in this sub-section
  
  relating to fee shall apply to cases transferred to the Tribunal under
  
  sub-section (1) of section 31.
  (4) On receipt of the application under sub-section (1) or
  
  sub-section (2), the Tribunal shall issue summons requiring the defendant to
  
  show cause within thirty days of the service of summons as to why the relief
  
  prayed for should not be granted.
  (5) The Tribunal shall, at or before the first hearing or within
  
  such time as the Tribunal may permit, present a written statement of his
  
  defense.
  (6) Where the defendant claims to set-off against the
  
  applicant's demand any ascertained sum of money legally recoverable by him from
  
  such applicant, the defendant may, at the first hearing of the application, but
  
  not afterwards unless permitted by the Tribunal, present a written statement
  
  containing the particulars of the debt sought to be set-off.
  (7) The written statement shall have the same effect as a plaint
  
  in a cross-suit so as to enable the Tribunal to pass a final order in respect
  
  both of the original claim and of the set-off.
  (8) A defendant in an application may, in addition to his right
  
  of pleading a set-off under sub-section (6), set up, by way of counter-claim
  
  against the claim of the applicant, any right or claim in respect of a cause of
  
  action accruing to the defendant against the applicant either before or after
  
  the filing of the application but before the defendant has delivered his
  
  defense or before the time limited for delivering his defense has expired,
  
  whether such counter-claim is in the nature of a claim for damages or not.
  (9) A counter-claim under sub-section (8) shall have the same
  
  effect as a cross-suit so as to enable the Tribunal to pass a final order on
  
  the same application, both on the original claim and on the counter-claim.
  (10) The applicant shall be at liberty to file a written
  
  statement in answer to the counter-claim of the defendant within such period as
  
  may be fixed by the Tribunal.
  (11) Where the defendant sets up a counter-claim and the
  
  applicant contends that the claim thereby raised ought not to be disposed of by
  
  way of counter-claim but in an independent action, the applicant may, at any
  
  time before issues are settled in relation to the counter-claim, apply to the
  
  Tribunal for an order that such counter-claim may be excluded, the Tribunal
  
  may, on the hearing of such application make such order as it thinks fit.
  (12) The Tribunal may make an interim order (whether by way of
  
  injunction or stay or attachment) against the defendant to debar him from
  
  transferring, alienating or otherwise dealing with, or disposing of, any
  
  property and assets belonging to him without the prior permission of the
  
  Tribunal.
  (13)
  (A) Where, at any stage of the proceedings,
  
  the Tribunal is satisfied, by affidavit or otherwise, that the defendant, with
  
  intent to obstruct or delay or frustrate the execution of any order for the
  
  recovery of debt that may be passed against him,
  (i) is about to
  
  dispose of the whole or any part of his property; or
  (ii) is about to remove the whole or any part
  
  of his property from the local limits of the jurisdiction of the Tribunal; or
  (iii) is likely to cause any damage or
  
  mischief to the property or affect its value by misuse or creating third party
  
  interest, the Tribunal may direct the defendant, within a time to be fixed by
  
  it, either to furnish security, in such sum as may be specified in the order,
  
  to produce and place at the disposal of the Tribunal, when required, the said
  
  property or the value of the same, or such portion thereof as may be sufficient
  
  to satisfy the certificate for the recovery of debt, or to appear and show
  
  cause why he should not furnish security.
  (B) Where the defendant fails to show cause
  
  why he should not furnish security, or fails to furnish the security required,
  
  within the time fixed by the Tribunal, the Tribunal may order the attachment of
  
  the whole or such portion of the properties claimed by the applicant as the
  
  properties secured in his favor or otherwise owned by the defendant as appears
  
  sufficient to satisfy any certificate for the recovery of debt.
  (14) The applicant shall, unless the Tribunal otherwise directs,
  
  specify the property required to be attached and the estimated value thereof.
  (15) The Tribunal may also in the order direct the conditional
  
  attachment of the whole or any portion of the property specified under
  
  sub-section (14).
  (16) If an order of attachment is made without complying with
  
  the provisions of sub-section (13), such attachment shall be void.
  (17) In the case of disobedience of an order made by the
  
  Tribunal under sub-sections (12), (13) and (18) or breach of any of the terms
  
  on which the order was made, the Tribunal may order the properties of the
  
  person guilty of such disobedience or breach to be attached and may also order
  
  such person to be detained in the civil prison for a term not exceeding three
  
  months, unless in the meantime the Tribunal directs his release.
  (18) Where it appears to the Tribunal to be just and convenient,
  
  the Tribunal may, by order,- 
  (a) appoint a receiver of any property,
  
  whether before or after grant of certificate for recovery of debt;
  (b) remove any person from the possession or
  
  custody of the property;
  (c) commit the same to the possession, custody
  
  or management of the receiver;
  (d) confer upon the receiver all such powers,
  
  as to bringing and defending suits in the courts or filing and defending
  
  applications before the Tribunal and for the realization, management,
  
  protection, preservation and improvement of the property, the collection of the
  
  rents and profits thereof, the application and disposal of such rents and
  
  profits, and the execution of documents as the owner himself has, or such of
  
  those powers as the Tribunal thinks fit; and
  (e) appoint a Commissioner for preparation of
  
  an inventory of the properties of the defendant or for the sale thereof.
  (19) Where a certificate of recovery is issued against a company
  
  registered under the Companies Act, 1956, the Tribunal may order the sale
  
  proceeds of such company to be distributed among its secured creditors in
  
  accordance with the provisions of section 529A of the Companies Act, 1956 and
  
  to pay the surplus, if any, to the company.
  (20) The Tribunal may, after giving the applicant and the
  
  defendant an opportunity of being heard, pass such interim or final order,
  
  including the order for payment of interest from the date on or before which
  
  payment of the amount is found due up to the date of realization or actual
  
  payment, on the application as it thinks fit to meet the ends of justice.
  (21) The Tribunal shall send a copy of every order passed by it to
  
  the applicant and the defendant.
  (22) The Presiding Officer shall issue a certificate under his
  
  signature on the basis of the order of the Tribunal to the Recovery Officer for
  
  recovery of the amount of debt specified in the certificate.
  (23) Where the Tribunal, which has issued a certificate of
  
  recovery, is satisfied that the property is situated within the local limits of
  
  the jurisdiction of two or more Tribunals, it may send the copies of the
  
  certificate of recovery for execution to such other Tribunals where the
  
  property is situated:
  PROVIDED  that in case where the Tribunal to which the
  
  certificate of recovery is sent for execution finds that it has no jurisdiction
  
  to comply with the certificate of recovery, it shall return the same to the
  
  Tribunal which has issued it.
  (24) The application made to the Tribunal under sub-section (1)
  
  or sub-section (2) shall be dealt with by it as expeditiously as possible and
  
  endeavor shall be made by it to dispose of the application finally within one
  
  hundred and eighty days from the date of receipt of the application.
  (25) The Tribunal may make such orders and give such directions
  
  as may be necessary or expedient to give effect to its orders or to prevent
  
  abuse of its process or to secure the ends of justice.]