Authority: Hon'ble Manoj Kumar Tiwari, J.
Order Date: 06.07.2026
Case Overview
- Petitioner: Cherab Jain; Respondent: Punjab National Bank (PNB); additional respondent No.3 (loan borrower) involved in original DRT case.
- PNB filed an Original Application before the Debts Recovery Tribunal, Dehradun under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of a loan secured by property mortgaged by the petitioner.
- The DRT allowed PNB’s application and issued a judgment on 30.08.2019, resulting in the sale of the mortgaged property at public auction.
- Cherab Jain challenged the DRT judgment through writ petition WPMS/1981/2026, contending he was not a party to the original application and that the auction of his property was improper.
- The bank’s counsel argued that the property was indeed mortgaged to secure the loan obtained by respondent No.3, justifying the DRT’s order.
Final Outcome
- The Court held that the petitioner has a statutory remedy under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, and therefore the writ petition is not maintainable.
- The writ petition is disposed of, granting the petitioner liberty to approach the Debts Recovery Tribunal under Section 20 for appropriate relief.
Topics: Banking Litigation, Debt Recovery