Alka Kukkar v. Hdfc Bank
Case brief
What is this about?
The Debts Recovery Tribunal dismissed a Securitization Application. The court rejected claims of improper notice service and NPA date discrepancies as insufficient grounds, finding no legal irregularities in the bank's actions.
What the court decided
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 55
Case No. SA/946/2025
ALKA KUKKAR Vs HDFC BANK
Date: 04.04.2026.
Proceedings through hybrid mode Present:
Shri Abhishek Sharma, Counsel for the Applicant Shri Akash Sharma, Counsel for the Respondent Bank/FI
In this matter, the grievance of the applicant is that they were no served with the notice under Section 13(2) whereas the same is recorded in the order of Hon’ble High Court that it was received by the addressee. Counsel for the applicant submits that it was served to the husband whereas the receiving is of Mrs. Alka Kukkar.
Another grievance is that the actual date of NPA is 04.11.2020 whereas at one place it is written as 04.10.2022. In para no. 8 of the SA, the averment has shocked the consciousness of this Tribunal wherein it is pleaded that the orders passed by Hon’ble High Court is biased as applicant mentioned that “It is pertinent to mention here that the said order announced by the Hon'ble High Court itself is biased as the Applicants were never given notice for the case which was heard and decided in the absence of the Applicants.” This is the sufficient ground to dismiss this Securitization Application and there is no other ground made in the SA. The actions taken by the respondent bank are as per law and there is no irregularities found.
Issues for consideration
1 issue framed by the court
Whether a Securitization Application should be dismissed given alleged service irregularities of notice under Section 13(2) and discrepancy in NPA dates.
Parties & counsel
- appellant
Alka Kukkar
- respondent
HDFC Bank
Coram
Vimal Gupta
Case details
As recorded by the court registry
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