Disposed

Sudha Joshi v. Ao Hdfc Bank and Ors.

DRAT25 Aug 2022REGULAR APPEAL/118/2020

Case brief

AI extract

What is this about?

The tribunal directed the respondent bank to supply documents regarding the procedure adopted for enhancing the loan limit and rules for sanctioning loans. Regarding the reply to the Section 13(2) notice, the tribunal noted since the borrower did not reply, such a document does not exist.

What did the court decide?

Bank directed to supply documents regarding loan enhancement procedures and rules; clarified that reply to Section 13(2) notice does not exist as borrower did not reply.

Sudha Joshi versus Ao Hdfc Bank and Ors. — Banking and Recovery | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Appeal No. 118/2020 Arising out of S.A. No. 26/2020 (DRT-II, Chandigarh)

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Sudha Joshi Vs Authorized Officer, HDFC Bank Ltd. & Ors.

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25.08.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present: Mr. Devender Rattan, Ld. Counsel for the appellant

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Ms. Amita Kumari, Ld. Counsel for respondent no.1 bank

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Mr. V.K. Sachdeva, Ld. Counsel for respondent no.3

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This matter has been taken up by me through Video Conferencing.

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Learned counsel for the appellant states that the Hon’ble Punjab and Haryana High Court has disposed of the application (CM) filed by the appellant to remove the time limit for disposal of the present appeal within one month and has allowed one month’s more time for disposal of the same.

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I. A.No.481/2022

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This is an application filed by the appellant for discovery and production of documents. In the application, the appellant has prayed for production of the following documents:-

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(i) The set of all documents showing the procedure followed/adopted by Respondent Bank, while granting and enhancing loan from time to time to the Respondent no.3;

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(ii) Copy of Rules of Respondent Bank to be followed by its officials while sending proposals favouring section of loans, including the nature of loan granted to the Respondent No.3;

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(iii) Copy of reply by Respondent No.3 to the Demand Notice dated 01.07.2016 sent under section 13(2) of SARFAESI Act, 2002;

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(iv) Copy of decision of Respondent Bank conveyed to the Respondent No.3 as per section 13(3A) against his reply to aforementioned Notice U/s 13(2);

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(v) Copy of Notice U/s 13(4) sent to Respondent No.3.

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So far as the documents requested for at serial no.1 of the prayer is concerned, learned counsel for the appellant states that these documents are required as the respondent no.3 had shifted from Chandigarh to Lalru and he intends to find out from record whether anyone visited Lalru before enhancing the

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-: 2 :-

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limit. Learned counsel for the respondent no.1 states that she will have to find it out from the record.

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Heard. Let the bank provide the documents showing what procedure was adopted while enhancing the limit.

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Respondent bank is also directed to supply the documents requested for at serial no.2 of the prayer of the appellant, in case there are any rules which provide as to what procedure is followed by the Bank officials while sending proposals favouring sanction of loan including nature of loan.

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Learned counsel for respondent no.3 states that respondent no.3 has not filed any reply to the demand notice dated 01.07.2016s under Section 13(2) of the SARFAESI Act and, therefore, no copy of the same can be supplied to the learned counsel for the appellant.

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Learned counsel for the bank states that since the respondent no.3 has not replied to the notice under Section 13(2) of the SARFAESI Act, there was no occasion for the bank to communicate its decision in respect of the reply. Therefore, no such document exists.

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So far as the document requested for at serial no.5 is concerned, the learned counsel for the respondent bank states that she will furnish the copy of the same to the appellant.

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Heard. Let the documents as directed above be supplied to the appellant. A copy of the same be also placed in the appeal file by 29.09.2022.

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Application stands disposed of.

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List the application for consideration on the issue of pre-deposit and appeal for 29.09.2022 for further arguments.

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(CHAIRPERSON)

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-pk

Sudha Joshi v. Ao Hdfc Bank and Ors.

Case brief

What is this about?

What did the court decide?

Sudha Joshi v. Ao Hdfc Bank and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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