Authority: High Court (Judge Hiranmay Bhattacharyya, J.)
Order Date: 08 September 2026
Case Overview
- Parties: Bandaru Babu, proprietor of M/s. Sri Lakshmi Srinivasa Traders & Ors. (petitioners) versus City Union Bank Limited (respondent).
- Nature of Proceeding: Civil revisional application filed under Article 227 of the Constitution of India, challenging Order No. 6 dated 9 April 2026 passed by the Debts Recovery Appellate Tribunal (DRAT) in Misc. Appeal Diary No. 267 of 2026, which arose from I.A. No. 1425 of 2020 in T.A. No. 3318 of 2017 issued by the Debts Recovery Tribunal‑II, Hyderabad.
- Petitioners' Argument: The petitioners, through their counsel, contended that the application under Article 227 was filed inadvertently and should be withdrawn. They relied on the precedent NCDEX e Markets Limited vs. Authorized Officer, Canara Bank & Ors. (2025 SCC OnLine Cal 7215), where the Court held that a High Court has superintendence over a DRAT when the underlying DRT is located outside the state of the DRAT.
- Court’s Observation: Accepting the petitioners' submission, the Court recognized that the appropriate forum for the grievance lay elsewhere and that the High Court possessed jurisdiction to entertain the revisional application only if the DRT were within its territorial jurisdiction, as clarified in the cited precedent.
Final Outcome
- The civil revisional application is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum in accordance with law.
- The advocate‑on‑record for the petitioners is permitted to retrieve the certified copy of the impugned order and replace it with a photostat copy.
Topics: Debt Recovery, Banking Litigation