Authority: Supreme Court of India

Order Date: 29-09-2026

Case Overview

  • Petitioner: Kotak Mahindra Bank Limited.
  • Respondents: Chairperson Debts Recovery Appellate Tribunal & others.
  • Origin: Petition for Special Leave to Appeal (C) No.34034/2026 arising from High Court of Uttarakhand order dated 20-08-2026 in WPMB No.144/2026, which directed the bank to file a supplementary affidavit showing how a loan of Rs 32 lakhs grew to Rs 19 crore and to deposit title deeds with the Debts Recovery Tribunal (DRT).
  • Bank’s contention: The direction prejudices its rights; interest should be computed per the loan agreement with penalty clauses; title deeds mortgaged to the bank should not be returned.
  • Respondents’ contention: The entire amount as decreed by the DRT has been paid by borrowers Nos.3‑6, therefore title deeds should be returned.

Final Outcome

  • The Court held it premature to order release of title deeds to the borrowers but did not interfere with the High Court’s direction to file a supplementary affidavit detailing the outstanding amount.
  • The bank must deposit the title deeds with the DRT; on deposit, the deeds shall not be returned to the borrowers.
  • The DRT shall await further order of the High Court and, if the order is prejudicial to the bank, shall refrain from returning the deeds during the bank’s challenge period.
  • The Special Leave Petition is disposed of without any observation on the merits.
  • Any pending applications, if any, are rejected.

Topics: Debt Recovery, Banking Litigation, Title Deeds