SUMAN SRIVASTAVA vs UNION BANK OF INDIA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th JULY, 2025 IN THE MATTER OF: + W.P.(C) 5165/2025 & CM APPL. 29454/2025 SUMAN SRIVASTAVA .....Petitioner Through: Mr. Manish Kumar Srivastava, Ms. Kamakshi Rao, Mr. Moksh Arora and Ms. Mahima Bajaj, Advs. versus UNION BANK OF INDIA & ORS. .....Respondent Through: Ms. Pooja Mehra Saigal, Sr. Adv. with Mr. Yash Varma, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J 1. The Petitioner has invoked the Writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India against the observations and directions passed by the Debt Recovery Appellate Tribunal (hereinafter referred to as “DRAT”) vide judgment dated 28.02.2025 in Misc. Appeal No. 39 of 2025 and 40 of 2025; as well as against the observations and directions passed by the Debt Recovery Tribunal (hereinafter referred to as “DRT”) vide common judgment dated 14.02.2025 in Appeal No. 01 of 2025 and TMA 23 of 2024. 2. The DRAT vide the impugned Judgment has refused to entertain the appeal without pre-deposit as mandated under Section 21 of the Recovery of Debts And Bankruptcy Act, 1993 (hereinafter referred to as 'the RDB Act'). Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 5165/2025 Page 1 of 15 Signing Date:24.07.2025 19:39:52 3. Shorn of unnecessary details, the facts as admitted by the Petitioner leading to the filing of the present Writ Petition are as follows:- i. Mr. Prakash Srivastava, the husband of the Petitioner, along with other persons stood as mortgagor qua the loan granted by the Union Bank of India (Respondent No. 1) in favour of M/s Green World International Private Limited (Respondent No. 3) on 19.02.2013.