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Rekha Tanwani versus Dcb Bank Limited — Banking and Recovery | DRT (2026)

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DRT
2026
Rekha Tanwani versus Dcb Bank LimitedRekha Tanwani v. Dcb Bank Limited

Disposed

Rekha Tanwani v. Dcb Bank Limited

DRT1 Sept 2026SA/829/2026

Case brief

AI extract

What is this about?

An SA under the SARFAESI Act, 2002 challenging bank measures was disposed of by granting liberty to the bank to modify a recovery order in light of the deceased borrower's legal representatives, after which the proceedings were concluded.

What did the court decide?

Liberty granted to the Respondent Bank to modify the recovery order through the District Magistrate and the application then disposed of.

What the court decided

AI extract

Outcome

Liberty granted to the Respondent Bank to modify the recovery order through the District Magistrate and the application then disposed of.

Issue for consideration

Whether to accept the application of legal representatives after the death of the borrower post notice.

Detailed headnote1 paragraphs

In an SA under Section 17(1) of the SARFAESI Act challenging recovery measures, the Tribunal noted the death of the borrower and noted the bank's desire to modify a Section 14 order to sue the legal representatives. The Tribunal granted liberty to the bank to get the modification order passed and subsequently disposed of the SA as the matter was left to the bank.

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.

A

Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

Item No. 16

Case No. SA/829/2026

REKHA TANWANI Vs DCB BANK LIMITED

Date: 01.09.2026.

Proceedings through hybrid mode Present:

Shri R N Vijay, Counsel for the Applicant

Shri Avinash Kumbhaj along with Ms. Kritika Sharma, Counsel for the Respondent Bank/FI

It is a fresh SA filed on behalf of S. applicant under Section 17 (1) of SARFAESI Act, 2002 challenging the measures taken by the respondent bank under the SARFAESI Act, 2002 in respect of the property in question.

Notice on behalf of the respondent no. 1 has been accepted by the counsel present in Court.

In this matter, the counsel for the applicant submits that Sh. Krishan Chand Talwani expired after issuance of notice under Section 13(2).

The counsel for the respondent bank submits that they were not aware of legal representatives of the Sh. Krishan Chand Talwani. Now in this Securitization Application names of legal representatives are available and the counsel for the respondent bank seeks liberty to this Tribunal to get the order under Section 14 modified by moving appropriate application. Let the bank do so.

Ld. District Magistrate is requested to decide the application for modification as early as possible, in accordance with law. However, it is left to the respondent if they wish to file fresh application under Section 14 application to overcome any technicalities on later stage.

Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

In view of the above, this Securitization Application stands disposed of. File be consigned to record, as per rules. Copy of order be uploaded on website.

(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to accept the application of legal representatives after the death of the borrower post notice.

Statutes considered

3 provisions across 1 enactments

AI extract

Sarfaesi Act17 (1)1413 (2)

Parties & counsel

AI extract

applicant
Rekha Tanwani
respondent
DCB Bank Limited

Coram

AI extract

Vimal Gupta

Case details

As recorded by the court registry

Court: DRT
Decided on: 1 Sept 2026 · September
Case no.: SA/829/2026
CNR: 080110028192026
Topic: Banking and Recovery
Bench: Vimal Gupta

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Cite this judgement

Rekha Tanwani v. Dcb Bank Limited, SA/829/2026 (DRT), decided on 1 September 2026.

The Debt Recovery Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Sarfaesi Act17 (1) · 14 · 13 (2)

View all statutes

Bench / Coram

Vimal Gupta

Parties & counsel