HDFC Bank's response to a Securitization Application filed by Gyaneshwar Bhati, who claimed property rights through a will. The Tribunal refused to defer proceedings and dismissed the application, holding it unsuitable to adjudicate civil property disputes.
The Securitization Application was dismissed and the file was consigned to the record.
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.
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 20
Case No.SA/513/2025
GYANESHWAR BHATI Vs HDFC BANK
Date: 09.09.2025.
Proceedings through hybrid mode Present:
Shri Rajkumar, Counsel for the Applicant
Shri Vineet Sharma, Counsel for the Respondent Bank/FI
Shri Ramnaresh Vijay, Counsel for the Respondent no. 2
In this matter, the applicant submits that the owner of the property died in the year 2008 and recently they come across the Will which is in adjudication before the Civil Court.
The Tribunal cannot decide the civil rights of the applicant herein. He submits that he needs time to file an application in the original application which is pending. He had got sufficient time when he got the knowledge about the pendency of the OA. Instead of moving this SA, he could have also moved an application. After filing of this SA also he got an opportunity to move the application. He submits that matter is listed next month that cannot be a ground to defer the proceedings under SA. Whatever his civil rights, let him avail in Civil Court.
In view of the above, this Securitization Application stands dismissed. File be consigned to record, as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
2 issues framed by the court
Whether a Securitization Application can be dismissed on the ground that the applicant prefers a civil forum for determining property rights.
Whether the Tribunal should defer proceedings pending the determination of civil rights in a separate suit.
Gyaneshwar Bhati
HDFC Bank
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
