Question
Section 3(1A) was inserted by the Insolvency and
Bankruptcy Code, 2016. What additional jurisdiction does it confer on the DRT?Solution
Section 3(1A), inserted by Act 31 of 2016 (IBC) with effect from 1-12-2019, provides that the Central Government shall by notification establish such number of Debts Recovery Tribunals and benches as it may consider necessary to exercise the jurisdiction, powers, and authority of the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016. Part III of the IBC deals with insolvency resolution and bankruptcy of individuals and partnership firms. Thus, DRTs now serve a dual role: (1) debt recovery under the RDB Act and (2) insolvency adjudication under the IBC for individuals and partnership firms. This is a landmark expansion of DRT functions.
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