Hdfc Bank v. Naveen Kondal Nalla
Case brief
What is this about?
The Appellant Bank appealed a DRAT order forbidding SARFAESI proceedings due to alleged forgery in the borrower's power of attorney. The DRAT relied on a forensic report and a High Court acquittal of bank officials. The DRAT remanded the matter for fresh recording of evidence.
What did the court decide?
DRAT judgment set aside; matter remanded to DRAT Visakhapatnam for disposal afresh after hearing parties.
What the court decided
Diary No. 311 of 2020-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 311 of 2020)
(Arising out of S.A. 178 of 2019 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Housing Development Finance Corporation, HDFC House, No. 3-6-310, Hyderguda Road, Basheerbagh, Hyderabad – 500 029.
… Appellant
-Versus-
Naveen Kondal Nalla, Son of Mr. N. Bhaskara Rama Murthy, residing at 1417E, Glacier PL, Candler, AZ 85249, USA temporarily came down to Hyderabad.
… Respondent
Counsel for the Appellant … Ms. Aparajita Rao Counsel for Respondent … Mr. R.V. Subba Rao with Mr. C. V. Venkata Subramanyam
JUDGMENT : 7th September, 2022
Issues for consideration
3 issues framed by the court
Whether the Learned DRAT correctly held that no security interest was created in the respondent borrower's favour given the disputed power of attorney and forensic lab reports.
Whether the DRAT erred in solely relying on the High Court's acquittal of bank officials to dismiss the bank's SARFAESI application without adjudicating repayment or estoppel.
Whether the DRAT failed to consider evidence regarding the bank 's bona fide conduct and the respondent 's communications regarding the power of attorney holder.
Parties & counsel
- appellant
Housing Development Finance Corporation
- respondent
Naveen Kondal Nalla
Coram
ANIL KUMAR SRIVASTAVA
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090003112020
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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