Ms Swain Traders v. Idbi Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal modified a DRT order requiring an interim deposit. The court held that while substantial adjustments had been made, a significant dues remained due. Thus, it granted interim protection contingent upon depositing Rs. 50 lakhs in two instalments by specified dates.
What did the court decide?
Modified interim order directing appellant to deposit Rs. 50 lakhs in two instalments by 22.09.2025 and 15.10.2025; restrained bank from further action upon compliance.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Diary No. 870 of 2025
(Arising out of I.A. 605 of 2025 & I.A. Dy. 482 of 2025 in S.A. 46 of 2025 in DRT, Cuttack)
Order No. 05 08.9.2025 M/s. Swain Traders & Another
… Appellants -VsIDBI Bank Limited
… Respondents
Mr. Nalini Kanta Dash, Learned Counsel for the Appellants
Mr. Debasish Chakrabarti, Counsel for Respondent
THE APPELLATE TRIBUNAL:
For Admission
Heard the Learned Counsel for the parties and perused the record.
Issues for consideration
2 issues framed by the court
Whether the interim deposit required for protection against enforcement action should be revised after adjustments.
Whether the bank was at liberty to proceed further with recovery after payment of adjusted interim dues.
Parties & counsel
- appellant
M/s. Swain Traders & Another
- respondent
IDBI Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090008702025
- Topic
- Banking and Recovery
Similar cases
Judgements on the same questions, provisions and authorities, from every court