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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ
Hdfc Bank Limited A – Appellant
Versus
Bank Of Bahrain & Kuwait Bsc – Respondent
JUDGMENT :
M.S. Sonak, J.
1. Heard learned counsel for the parties.
2. The learned counsel for the parties agree that both these Petitions can be disposed of by a common order.
3. Accordingly, we issue Rule in both these Petitions. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties.
4. In Writ Petition No.9344 of 2024, the Petitioner – HDFC Bank Limited (HDFC), vide prayer clause (a) challenges Debt Recovery Appellate Tribunal’s common order dated 26 April 2024 disposing of Appeal Nos. 2 of 2018 and 32 of 2018. In alternative to prayer (a), the Petitioner, vide prayer clause (b) seeks a declaration that the amount the Petitioner claims from the Respondents constitutes, a “debt” under Section 2(g) of the Recovery of Debts And Bankruptcy Act, 1993 (‘the said Act’) and for quashing of the common order dated 26 April 2024. Further, in alternative to prayer clauses (a) and (b), the Petitioner, vide prayer clause (c), in addition to quashing the common order dated 26 April 2024, seeks a direction to the Debts Recovery Appellate Tribunal to decide whether the Petitioner’s claim constitutes a debt within meaning of Section 2(g) of t
The court emphasized that remand orders should not be issued lightly and that jurisdictional issues must be decided by the appellate authority when sufficient evidence is available.
The central legal point established in the judgment is that the Debt Recovery Tribunal has no power to condone the delay in filing the appeal beyond the prescribed period of 30 days from the date of ....
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
The superior court can intervene in cases of manifest injustice but must defer to statutory appellate processes if adequately pursued.
Alternative remedy is not an absolute bar on maintainability of a writ petition under Article 226 of Constitution of India, where DRT has exceeded in exercising its jurisdiction.
The District Magistrate can correct typographical errors in orders under the SARFAESI Act without that being a review; appeals must be filed under Section 18 if available.
Public sector banks must adhere to principles of fairness and non-arbitrariness in their dealings, as established under Article 14 of the Constitution.
(1) Recovery of debt – A person whose case is based on falsehood has no right to approach Court and he can be summarily thrown out at any stage of litigation. (2) Debts Recovery Tribunal shall not en....
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