Rajasthan High Court Cancels DRT Order in Loan Case, Directs Bank to Return Property Possession

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Bhupendra Singh Chundawat

Rajasthan High Court

Jaipur, 18 August (Kiran News): The Rajasthan High Court has cancelled the order of the Debt Recovery Tribunal (DRT), which had allowed the bank to take possession of a petitioner’s property due to delayed loan payments. The court has directed the DRT to hear the matter afresh within two months. Additionally, the court has ordered that possession of the property be returned to the petitioner.

Rajasthan High Court

Justice Anoop Dhand issued this order on the appeal of Ravi Goswami and Savita Goswami of Jaipur. Advocate Hemant Kumar Sharma informed the court that ICICI Bank declared the petitioners’ loan account as NPA due to delayed payment of installments, which was challenged by the petitioners in the DRT. The petition stated that the DRT order should be set aside and the petitioners’ property be restored to them.

The petitioners told the High Court that, as per the DRT’s interim order, they paid around Rs 30 lakh to the bank. Despite this, the bank included the loan account as NPA and took possession of their property in the SEZ area of Jaipur. They further submitted that the DRT did not hear their side, causing them to suffer loss.

The bank questioned the maintainability of the hearing in the High Court against the DRT order. In response, the High Court stated that the DRT must adhere to the principles of natural justice and give the petitioners an opportunity to present their case.

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