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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Mohammed Yousuf Ali – Appellant
Versus
Sammaan Capital Limited – Respondent
ORDER:
Moushumi Bhattacharya, J.
1. The Civil Revision Petition has been filed against an order passed by the Debts Recovery Tribunal–II, Hyderabad (‘DRT’) on 26.12.2024 by which the DRT refused to allow a Review Petition filed by the petitioner in respect of its earlier order dated 10.09.2024. The DRT had dismissed the petitioner’s S.A.No.601 of 2017 by the order dated 10.09.2024.
2. The petitioner is the Borrower of a loan from the respondent No.1/Sammaan Capital (formerly Indiabulls Housing Finance Ltd.) The respondent No.2 is Asset Reconstruction Company (India) Limited (‘ARCIL’), who was impleaded by an order dated 04.02.2025 in I.A.No.2 of 2025 in CRP No.74 of 2025, on the basis of a Notice of Sale dated 24.01.2025 issued by the respondent No.2 stating that the petitioner’s Home Loan facility had been assigned to Edelweiss Asset Reconstruction Company Limited which was subsequently assigned to ARCIL vide Registered Assignment Agreement dated 02.11.2023.
3. The petitioner has challenged the impugned order dated 10.09.2024 whereby the DRT dismissed the SA filed by the petitioner against a Possession Notice dated 12.06.2015 issued by the respondent No.1 against the application sched
Lenders must adhere to RBI guidelines regarding loan terms disclosure and communication to borrowers; changes without notice violate borrowers' rights.
The Banking Ombudsman must adhere to principles of natural justice, providing a fair hearing before resolving complaints, especially regarding unilateral changes in loan terms by banks.
Banks must adhere to RBI guidelines regarding interest rates and cannot charge excessive rates without borrower consent, ensuring transparency and fairness in lending practices.
Provision of Section 24A of 1986 Act mandate observance of limitation period unless sufficient cause with a reasonable explanation is available for condoning delay to be recorded with reasons by Comm....
Disputed questions of fact in loan agreements cannot be resolved in writ jurisdiction; such matters require civil adjudication based on evidence rather than legal interpretations alone.
The court emphasized the necessity for the Debt Recovery Appellate Tribunal to address critical issues regarding wrongful classification of a borrower's account as NPA and the invocation of bank guar....
possession notice issued under Section 13(4) of the Act, 2002 against which the petitioner has efficacious/statutory remedy of preferring an application under Section 17 of the said Act before the De....
Public sector banks must adhere to principles of fairness and non-arbitrariness in their dealings, as established under Article 14 of the Constitution.
Banks are under a statutory obligation to comply with the RBI's Resolution Framework (R.F) 2.0 and consider applications for restructuring of MSME loans in accordance with its provisions.
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