Debts Recovery Tribunals and Appellate Tribunals
MR SURINDER KUMAR MAHAJAN vs THE HINDU URBAN CO OPERATIVE BANK LTD. on 5 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
**Appeal No.205/2026**
**Arising out of MA No.144/2017 (DRT-III, Chandigarh)**
**Item No.13**
**Mr. Surinder K Mahajan**
**V.**
**The Hindu Urban Co-operative Bank Limited**
**05.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**
**Present:** Sh. Sanjeev Sagar, Senior Advocate along with Sh. Shubhendu Bhattacharya, Ms. Swati Yadav and Sh. Nitin Mahajan, Advocates for appellant Sh. Jitendra Kumar and Sh. Ayush Kumar, Advocates for respondent This matter is taken up through Hybrid hearing.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. In the present appeal the challenge is to order dated 23.10.2025 passed in Misc. Application bearing no.144/2017 which was filed in the S.A. bearing no.273/2016. The appellant in the said application prayed for short direction to the respondent for release of title deeds of the mortgaged property along with other documents in compliance of the order dated 04.08.2016 passed by DRT-III, Chandigarh in S.A. bearing no.273/2016.
2. The perusal of impugned order dated 23.10.2025 reflects that DRT-III, Chandigarh has calculated the total outstanding dues in terms of order dated 04.08.2016 as Rs.2,14,72,980/- and further observed that the appellant has not complied with the order passed by DRT-III, Chandigarh and accordingly, held that the appellants are not entitled to get back the title deeds hence the Misc. Application No.144/2017 was dismissed.
3. Sh. Sanjeev Sagar, Senior Advocate during the course of argument has referred the statement of account prepared by V Marwah and Company Chartered Accountant and stated that DRT-III, Chandigarh in impugned order has miscalculated the total outstanding dues against the appellant and also referred various entries.
4. Sh. Jitendra Kumar, Advocate for the respondent stated that the respondent FI has not filed any response to the calculation which is dated 25.11.2016 prepared by V Marwah and Company Chartered Accountant.
5. After considering all facts, the impugned order dated 23.10.2025 is set aside and is remanded back for fresh calculation of total outstanding dues after considering the calculation sheet dated 25.11.2016 prepared by V Marwah and Company within four weeks from the receipt of this order. The respondent FI shall also be at liberty to file response/opposition to the calculation dated 25.11.2016 as relied upon by the Senior Counsel for the appellant within two weeks from today.
6. It is also directed to DRT-III, Chandigarh that before passing any order regarding the outstanding dues against the appellant, DRT-III, Chandigarh shall consider calculations already filed by the appellant and calculation to be filed on behalf of the respondent, if any.
7. The parties are directed to appear before DRT-III, Chandigarh on 23.11.2026.
----- (Dr. Justice S. S. Nar Jain) Chair
-v\$