Whether bank acting as debenture trustee can file proceedings under drt
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My Article published in 'Chartered Accountant Practice Journal', Sept 2016 issue. The definition of “debt”, has been given a very wide meaning under section 2(g) of the RDB Act, but Section 17, which prescribes the jurisdiction of the Tribunal, has not amended. Therefore, when a debenture trustee wants to file a proceedings for recovery of the amounts payable to the debenture holders or for the benefits of debenture holders, Section 17 will not apply and hence, the jurisdiction of regular civil court is not excluded. The reason is that in such a case, the bank which is a debenture trustee does not claim recovery of a debt due to itself.
