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Section 9: Composition of Appellate Tribunal

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 8 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 10

Legal Commentary & Landmark Judgments: Section 9

Section 9 defines the composition of the Debts Recovery Appellate Tribunal, establishing that the Appellate Tribunal shall consist of a single individual designated as the Chairperson.

  • Single-Member Appellate Structure: Section 9 commands that an Appellate Tribunal shall consist of one person only, to be referred to as the Chairperson of the Appellate Tribunal, appointed by the Central Government.
  • Single Judicial Authority: The entire appellate, supervisory, and transfer authority of the DRAT is vested in the sole Chairperson, eliminating bench divisions or technical member requirements.
  • Streamlined Appellate Processing: By centralizing appellate scrutiny in a single judicial officer of High Court caliber, the Act ensures expeditious hearing of appeals against interlocutory and final orders.
Key Landmark Precedents:
  • Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275: The Supreme Court upheld the constitutional validity of Section 9, ruling that a single-member appellate tribunal headed by a person of High Court standing satisfies all requirements of judicial review and constitutional due process.
  • L. Chandra Kumar v. Union of India (1997) 3 SCC 261: The Constitution Bench settled that while tribunals may be constituted with single or division benches, the appellate tier must retain high judicial caliber to inspire public confidence in commercial debt adjudication.
Courtroom Practice & Strategic Litigation Guidance:

Because the DRAT is a single-member bench under Section 9, any recusal or vacancy leaves the entire appellate zone paralyzed. Where the Chairperson recuses himself due to prior professional association with a litigant bank, file an application before the Central Government or petition the High Court under Article 226 for the transfer of the appeal to a Chairperson of an adjoining DRAT.

Section 8 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 10