MCQs on The Recovery of Debt and Bankruptcy Act, 1993 Part 1

Q.1:- What is the fee for inspection of records and obtaining copies thereof:

• A fee of rupees twenty-five for every hour or part thereof of inspection subject to a minimum of rupees one hundred.
• A fee of rupees twenty for every hour or part thereof of inspection subject to a minimum of rupees one hundred.
• A fee of rupees ten for every hour or part thereof of inspection subject to a minimum of rupees one hundred.
• A fee of rupees fifteen for every hour or part thereof of inspection subject to a minimum of rupees one hundred.

Q.2:- What is the amount of fee payable in respect of appeal under section 20 of the RDB Act, 1993, when the amount of debt due is Rupees 10 lakh or more but less than Rupees 30 lakh:

• Rs. 20000.
• Rs. 15000
• Rs. 10000
• Rs. 5000.

Q.3:- An application for review of order may be made to the Appellate Tribunal, who passed the order, but no application for review shall be made after the expiry of a period of..................from the date of the order.

• Sixty days
• Forty five days
• Thirty days
• Fifteen days

Q.4:- Where the appellant is a bank or a financial institution, a memorandum of appeal may be preferred by:

• A. One or more legal practitioners authorised by such bank or financial institution.
• C. Any CA /CS/CMA in Practice and authorised by the Bank or financial institution.
• B. Any of the officers of such bank or financial institution to act as Presenting Officers.
• D. Both A and C are correct.

Q.5:- What are the powers and functions of the Registrar:

• The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar.
• The official seal shall be kept in the custody of the Registrar.
• The Registrar shall have the custody of the records of the Tribunal.
• All of the above.

Q.6:- What is the fee for inspection or records and obtaining copies thereof:

• A fee of Rs. 25 for every hour or part thereof of inspection subject to a minimum of Rs. 100 shall be charged for inspecting the records of each pending application by a party thereto.
• A fee of Rs. 20 for every hour or part thereof of inspection subject to a minimum of Rs. 100 shall be charged for inspecting the records of each pending application by a party thereto.
• A fee of Rs. 15 for every hour or part thereof of inspection subject to a minimum of Rs. 100 shall be charged for inspecting the records of each pending application by a part} thereto.
• A fee of Rs. 10 for every hour or part thereof of inspection subject to a minimum of Rs. 100 shall be charged for inspecting the records of each pending application by a party thereto.

Q.7:- What is the fee payable for obtaining a copy of the order passed by the Tribunal:

• Rs.5, per page, subject to a minimum of Rs. 100.
• Rs.5. per page, subject to a minimum of Rs. 75.
• Rs.5. per page, subject to a minimum of Rs. 50.
• Rs.5. per page, subject to a minimum of Rs. 25.

Q.8:- What is the fee payable for the appeals against orders of the Recovery Officer, if the amount appealed against is Rs. 30 lakhs or more:

• Rs. 40000.
• Rs. 30000.
• Rs. 20000.
• . Rs. 10000.

Q.9:- What is the fee payable for the appeals against orders of the Recovery Officer, if the amount appealed against is less than Rs. 10 lakh:

• Rs. 15000
• Rs. 12000
• Rs. 9000
• . Rs. 6000

Q.10:- What is the fee payable for the application for review including review application in respect of the counter claim against a final order excluding review for correction of clerical or arithmetical mistakes:

• 50% of fee payable at rates as applicable on the applications under section 19(1) or 19(8) of the Act, subject to a maximum of Rs. 15,000.
• 50% of fee payable at rates as applicable on the applications under section 19(1) or 19(8) of the Act, subject to a maximum of Rs. 20,000
• 50% of fee payable at rates as applicable on the applications under section 19 (1) or 19 (8) of the Act, subject to a maximum of Rs.5,000.
• 50% of fee payable at rates as applicable on the applications under section 19 (1) or 19 (8) of the Act, subject to a maximum of Rs. 10,000.

Q.11:- What is fee payable for the application to counter claim under section 19 (8) of the Act, where the amount of claim made is above Rs. 10 lakhs:

• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,75,000.
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,00,000.
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,25,000.
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,50,000.

Q.12:- An Act which provides for the establishment of Tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions, insolvency resolution and bankruptcy of individuals and partnership firms and for matters connected therewith or incidental thereto is called as:

• The Recovery of Debts and Bankruptcy Act, 1993
• The Debts due to Banks and its Recovery Act, 1993
• The Recovery of Debts due to Banks and Financial Institutions Act, 1993.
• The Recovery of Bank’s Dues Act, 1993

Q.13:- The ROB Act came into force with effect from:

• 24th day of August, 1993
• 24th day July, 1993
• 24th day of June, 1993
• 24th day of May, 1993

Q.14:- Where an appeal is preferred by a person referred to in section 21 of the RDB Act, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal of the amount of debt so due from him as determined by the Tribunal under section 19 of the Act:

• 50%
• 40%
• 30%
• 20%

Q.15:- What is the amount of fee payable in respect of appeal under section 20 of the RDB Act, 1993, when the amount of debt due is Rupees 30 lakh or more:

• Rs. 10000
• Rs. 20000
• Rs. 30000
• Rs. 40000

Q.16:- What is the amount of fee payable in respect of appeal under section 20 of the RDB Act, 1993, when the amount of debt due is less than Rupees 10 lakh Rupees:

• Rs. 12000.
• Rs. 9000.
• Rs. 6000.
• Rs. 3000.

Q.17:- Where the appellant is other than a bank or a financial institution, he may prefer an appeal:

• By his agent
• In person
• By a duly authorised legal practitioner.
• All of the above

Q.18:- The proceedings of the Appellate Tribunal (DRAT) shall be conducted in:

• English
• Hindi
• Any Regional Language
• English or Hindi

Q.19:- The Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) extends to:

• The whole of India except the State of Jammu and Kashmir.
• The whole of India.
• The whole of India including the State of Jammu and Kashmir
• The State of Jammu and Kashmir.

Q.20:- The RDB Act shall not apply:

• Where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than ten lakh rupees.
• Where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is more than five lakh rupees.
• Where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than five lakh rupees.
• Where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is more than ten lakh rupees.

Q.21:- Section 2(g) defines ‘Debt’ which does not include the following:

• Payable under a decree
• Payable under an order of any civil court or any arbitration award.
• Legally unenforceable on the date of the application.
• Secured, unsecured or assigned

Q.22:- The provisions of the RDB Act shall not apply where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than ten lakh rupees or such other amount, as the Central Government may, by notification, specify.

• being not less than two lakh rupees
• being not less than fifty thousand rupees
• being not less than one lakh rupees
• being not less than one lakh fifty thousand rupees

Q.23:- Debts includes any liability towards debt securities which remains unpaid in full or part after notice of.................served upon the borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of debt securities.

• One Hundred Eighty days
• Ninety days
• Sixty days
• Thirty days

Q.24:- What is the sitting hours of the Tribunal:

• The sitting hours of the Tribunal (including a vacation bench) shall ordinarily be from 11:00 a.m. to 1:30 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer.
• The sitting hours of the Tribunal (including a vacation bench) shall ordinarily be from 9:30 a.m. to 12:00 noon and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer.
• The sitting hours of the Tribunal (including a vacation bench) shall ordinarily be from 11:00 a.m. to 1:30 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer.
• The sitting hours of the Tribunal (including a vacation bench) shall ordinarily be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer.

Q.25:- An application under section 19 or section 31A shall be accompanied by a paper book containing:

• Details of the crossed demand draft or crossed Indian Postal Order representing the application fee and Index of Documents
• All documents relied upon by the applicant and those mentioned in the application
• A statement showing details of the debt due from a defendant and circumstances under which such debt has become due; and shall also disclose details of the case and decision in that case which is sought to be reviewed
• All of the above.

Q.26:- What is the fee payable for the appeals against orders of the Recovery Officer, if the amount appealed against is Rs. 10 lakhs or more but less than Rs. 30 lakhs:

• Rs. 25000.
• Rs. 20000.
• Rs. 15000.
• Rs. 10000.

Q.27:- What is the fee payable for the application for interlocutory order:

• Rs. 275.
• Rs. 250.
• Rs. 200.
• Rs 150.

Q.28:- What is the fee payable for the application for review including review application in respect of the counter claim against an interim order:

• Rs. 175.
• Rs. 150.
• Rs. 125.
• Rs. 100.

Q.29:- What is fee payable for the application to counter claim under section 19(8) of the Act, where the amount of claim made is upto Rs. 10 lakhs:

• Rs. 15000
• Rs. 12000
• Rs. 9000
• Rs. 6000

Q.30:- The application under section 19 of the RDB Act, 1993 may be presented as nearly as possible in:

• Form IV
• Form III
• Form II
• Form I

Q.31:- The Chairperson of an Appellate Tribunal, the Presiding Officer of a Tribunal, the Recovery Officer and other officers and employees of an Appellate Tribunal and a Tribunal shall be deemed to be..............within the meaning of section 21 of the Indian Penal Code, 1860:

• Public servants
• Government Servants
• Private servants
• None of the above

Q.32:- How the Recovery Officer shall proceed to recover the amount of debt specified in the certificate:

• Taking possession of property over which security interest is created or any other property of the defendant and appointing receiver for such property and to sell the same
• Attachment and sale of the movable or immovable property of the defendant
• Arrest of the defendant and his detention in prison; appointing a receiver for the management of the movable or immovable properties of the defendant.
• One or more of the above options.

Q.33:- Who shall make rules to lay down uniform procedure consistent with the provisions of the RDB Act, 1993 for conducting the proceedings before the Tribunals and Appellate Tribunals:

• The Central Government
• The State Government
• The Supreme Court
• The High Court

Q.34:- The Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by:

• The Indian Penal Code, 1860
• The Code of Civil Procedure, 1908
• The Indian Evidence Act, 1872
• The Code of Criminal Procedure, 1973

Q.35:- Where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal..............of the amount of debt so due from him as determined by the Tribunal under section 19.

• Sixty per cent
• Fifty per cent
• Thirty five per cent
• Twenty five per cent

Q.36:- What is fee payable for the application for recovery of debts due under section 19 (1) or section 19 (2) of the Act, where the amount of debt due is above Rs. 10 lakhs:

• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees of debt due or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,00,000.
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees of debt due or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,25,000
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees of debt due or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,50,000.
• Rs. 12,000 plus Rs. 1,000 for every one lakh rupees of debt due or part thereof in excess of Rs. 10 lakhs, subject to a maximum of Rs. 1,75,000.

Q.37:- The application under section 30 (1) of the RDB Act, 1993 may be presented as nearly as possible in:

• Form IV
• Form III
• Form II
• Form I

Q.38:- What is fee payable for the application for recovery of debts due under section 19(1) or section 19 (2) of the Act, where amount of debt due is Rs. 10 lakhs:

• Rs. 15000
• Rs. 12000
• Rs. 9000
• Rs. 6000

Q.39:- The Tribunal shall issue summons to the defendants in:

• Form IV
• Form III
• Form II
• Form I

Q.40:- The application under section 31A of the RDB Act, 1993 may be presented as nearly as possible in:

• Form IV
• Form III
• Form II
• Form I

Q.41:- The proceedings of the Tribunal shall be conducted:

• In Hindi
• In English
• In English or in Hindi
• In any Regional Language

Q.42:- Any person aggrieved by an order of the Recovery Officer made under the RDB Act, 1993 may, from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal.

• within forty days
• within thirty days
• within twenty days
• within ten days

Q.43:- An application made to a Tribunal shall be subject to the provisions of:

• The Indian Penal Code, 1860
• The Code of Criminal Procedure, 1973
• The Code of Civil Procedure, 1908
• The Code of Civil Procedure, 1908

Q.44:- Any proceeding before the Tribunal or the Appellate Tribunal shall be deemed to be:

• A judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code.
• The Tribunal or the Appellate Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
• Both A and B are correct.
• None of the above.

Q.45:- The Appellate Tribunal may, for reasons to be recorded in writing, reduce the amount to be deposited by such amount which shall not be less than of the amount of such debt so due to be deposited under this section.

• Thirty- five per cent
• Twenty-five per cent
• Fifteen per cent
• Five per cent

Q.46:- Any person aggrieved by an order made by a Tribunal under the RDB Act, 1993 may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter within a period of from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him.

• Thirty days
• Forty five days
• Sixty day
• Fifteen days

Q.47:- How the interim or final order passed by the Tribunal or Appellate Tribunal shall be served on the party:

• Any interim or final order passed by the Tribunal or Appellate Tribunal shall be transmitted by electronic mail to the registered address of the parties to the proceeding shall be deemed to be served on such party.
• Any interim or final order passed by the Tribunal or Appellate Tribunal shall be displayed on the website of such Tribunal or Appellate Tribunal and shall be deemed to be a public notice.
• The order passed by the Tribunal or Appellate Tribunal shall be handed to the concerned part in physical mode duly certified.
• Both A and B are correct.

Q.48:- Who is the Adjudicating Authority for exercising the powers under the Insolvency and Bankruptcy Code, 2016:

• The High Court
• The District Court
• The Appellate Tribunal (DRAT)
• The Tribunal (DRT)

Q.49:- The Chairperson of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry made by:

• The Central Government
• The State Government
• A Judge of the Supreme Court
• A Judge of a High Court

Q.50:- The Presiding Officer of a Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry made by:

• A judge of a District Court
• A Chairpersons of DRAT
• A Judge of a High Court
• A judge of a Supreme Court