Debts Recovery Tribunals and Appellate Tribunals
HDFC BANK LTD vs MR ZAID HAIDER on 20 February 2026
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DEBTS RECOVERY TRIBUNAL LUCKNOW
<table border="1"><thead><tr><th data-bbox="121 141 298 191">Date of order or proceeding</th><th data-bbox="301 141 756 191">Order with signature of court</th><th data-bbox="759 141 894 191">Office action taken with date</th></tr></thead><tbody><tr><td data-bbox="121 208 298 258">C.A. No.03/2025<br/>20.02.2026<br/>SL. No.04</td><td data-bbox="301 208 756 938"><p>The Chamber Appeal has been brought by the appellant for setting aside the order passed by the Registrar on 25.04.2025 purported to be filed under Debts Recovery Tribunal Procedural Rules, 1993 Rule 5(5). It is stated that M/s Safa Solutions through partners being borrowers and mortgagors had availed a Financial Assistance in the form of Dropline overdraft facility of Rs.1,50,00,000/- and GECL – Loan against property of Rs.19,00,000/- for which equitable mortgage was created. It is further stated that SA No.491 of 2023 the applicant settle the loan account under OTS proposal for an amount of Rs.1,09,00,000/-. It was mentioned in the settlement letter that the applicant bank will not return the original title deeds till all the loan account of the borrowers have closed.</p><p>The matter was fixed in National Lok Adalat and the applicant bank apprised this Tribunal that the other loan account in the name of borrowers are in default and the applicant bank will</p></td><td data-bbox="759 208 894 938"></td></tr></tbody></table>
0.2. Continued.....
C.A. No.03/2025 20.02.2026
not return the original title deeds till all the loan accounts are closed.
It is submitted that several DRC proceeding are still pending against the borrowers this Tribunal passed an order dated 25.07.2024 against for which the applicant bank filed a Miscellaneous Application for recall / modification of the order. The Registrar decline to register the case.
I have considered the submission and perused the record.
On 21.02.2025 the Miscellaneous Application was filed on 25.03.2025; it was observed by the Registrar that since the order was passed in presence of the applicant; a proper review application is required to be filed by 25.04.2025. It was dismissed on ground that a review application is required to be filed and the Registrar declined to register the case Miscellaneous Application.
I have considered the submissions.
I find that this Miscellaneous Application was not brought by the applicant as a review petition rather it was brought for modification of the order, as the terms of settlement was not recorded in the order.
In view of the fact, I find that in
BM
20.2. Continued.....
C.A. No.03/2025 20.02.2026
the interest of justice the Chamber Appela is fit to be **allowed**.
The office is directed to register the Miscellaneous Application after payment of required court fee. Accordingly, Chamber Appeal is allowed.
Let the file be consigned to record room.
Order be uploaded on the Tribunal's website.
(Dictated)
(Pravas Kumar Singh) Presiding Officer
(Mugish)