The Tribunal held that a suit to recover misappropriated funds by an employee does not constitute a 'debt' under the Recovery of Debts and Bankruptcy Act, 1993, dismissing transfer and remanding the case to the civil court.
Remitted suit to Principal District Judge, Pulwama; Bank directed to appear before said Court.
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DEBTS RECOVERY TRIBUNAI--I, CHANDIGARH
TA No. 287 of 2023
Ellaquai Dehati Bank
Versus
Ghulam Rasool Mir
Dated: 24.06.2026
Item No. 99
Present: Mr.Nonish Kumar proxy for Mr.Vivek Verma. Counsel for the Applicant Bank.
Mr.Abhimanyu Sharma proxy for Ms.Parmeet Kaur, Counsel for the defendant.
On 06.06.2017. Ellaquai Dehati Bank (Bank) had filed the suit for the recover)’ of Rs. 79,14.313/- against Ghulam Rasool Mir (defendant). in the court of Principal District Judge. Pulwama.
t
I
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
person, it may make an application to the Tribunal within the local limits of whose jurisdiction etc.
Pronounced in open court Dated: 24.06.2026 N4anoj
DRT-1. Chandigarh
2 issues framed by the court
Whether a suit filed by a bank to recover misappropriated amounts by its employee constitutes a 'debt' within the meaning of Section 2 of the Recovery of Debts and Bankruptcy Act, 1993.
Whether the Debts Recovery Tribunal has jurisdiction to try a suit involving misappropriation by a bank employee rather than unpaid loans.
Colour shows how this judgement treated each authority
Bank of India versus Vijay Ramniklal KapadiaReferred¶20
Bank of India versus Vijay Ramniklal Kapadia A.I.R. 1997 Guj . 75 · Who else cites this
4 provisions across 3 enactments
Ellaquai Dehati Bank
Ghulam Rasool Mir
Namaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
