Hdfc Bank v. M S North East Glass Industries
Case brief
What is this about?
The Appellate Tribunal disposed of the appeal without adjudicating merits, directing the Debts Recovery Tribunal to decide the pending application expeditiously while addressing jurisdictional objections.
What did the court decide?
Direction to the DRT to dispose of I.A. 97 of 2025 expeditiously while considering jurisdictional objections.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Diary No. 316 of 2025 (Arising out of I.A. 97 of 2025 in S.A. 143 of 2024 in DRT-Guwahati)
| Order No. 02 24.4.2025 |
HDFC Bank Limited ..Appellants -Vs- M/s. North East Glass Industries & 2 Others … Respondents |
|---|---|
| Mr. Siddhartha Banerjee (Virtual) with Mr. Soumyajit Majumder and Mr. Rajeev Maity, Learned Counsel for Appellants |
|
| Mr. Purnendu Modak, Learned Counsel for Respondents No. 1, 2 and 3 |
THE APPELLATE TRIBUNAL :
For Admission
Heard the Learned Counsel for the parties and perused the record.
Instant appeal has been preferred against the order dated 24.2.2025 passed by Learned DRT, Guwahati in I.A. 97 of 2025 arising out of S.A. 143 of 2024 (M/s. North East Glass Industries -vs- HDFC Bank Limited) whereby the Learned DRT restrained the Bank from taking any action on the basis of the letter dated 4.2.2025 with an opportunity to the Appellant Bank to file opposition against I.A. 97 of 2025.
Learned Counsel of the Appellant would submit that the secured assets, immoveable properties as well as moveable properties were also hypothecated with the Bank. Securitization Application under Section 17 of the SARFAESI Act, 2002 (hereinafter referred to as the ‘Act’) was filed challenging the measures initiated under Section 13 (4) of
Issues for consideration
2 issues framed by the court
Whether the DRT had jurisdiction to restrain the bank from taking action based on a specific letter without disposing of the pending application first.
Whether the impugned order restraining the bank was passed without jurisdiction and without cause of action.
Parties & counsel
- appellant
HDFC Bank Limited
- respondent
M/s. North East Glass Industries
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090003162025
- Topic
- Banking and Recovery
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