Debts Recovery Tribunals and Appellate Tribunals
mrs Harender Saini vs INDIAN BANK on 1 August 2025
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**ORDER-SHEET**Page No. ....**DEBTS RECOVERY TRIBUNAL, DEHRADUN****M.A. No.76 of 2024****Mrs. Harender Saini Vs. Indian Bank & Ors.****Date: 01.08.2025**
Item No.16
Present: Sh. P. K. Sharma, Counsel for Applicant(through VC) Sh. N. K. Sarin, Ld. Counsel for respondent bank(through VC)
Called out, Ld. Counsel for the parties has appeared through VC.
Ld. Counsel for Applicant has stated that the lease deed was executed by the applicant in favour of his sister. On the other hand, Ld. Counsel for respondent bank has stated that the auction sale has not been succeed and the Securitization Application has become infructuous as per circumstances of this case. In the said situation, this application has no worth and liable to be dismissed.
As per Ld. Counsel for Applicant lease deed was executed for 30 years. If the property was mortgaged by lessee, in that case, the respondent bank is entitled to transfer rights up to that extent i.e. only up to the extinguishment of lease deed, not after that.
The Tribunal may decide controversy between the Secured Creditor and borrower. If any third party shall approach this Tribunal, in that case, there is a grievance against the secured creditor i.e. if Secured Creditor shall take any action in otherwise manner. Presently, there is no grievance to the applicant as auction sale has already been failed and the mortgage deed was executed on the basis of lease deed admitted by applicant. The applicant is bound in relation to mortgaged deed upto the extent of lease deed and the respondent bank is entitled to transfer lease hold rights in action for recovery of borrowed money. In case of action by secured creditor against law, in that case, the applicant may approach this Tribunal afresh if any grievance has been caused to the applicant.
In the light of above observations, this Miscellaneous Application and previous Miscellaneous Application No. 75 of 2023 Mrs. Harender Saini vs. Indian Bank & Ors. is disposed off accordingly as there is no need to restore the Securitization Application as per circumstances of this case. No order as to cost.
Interim order, if any vacated. All interim applications are disposed off accordingly.
Record be consigned.
Copy of this order be placed on Miscellaneous Application No. 75 of 2023 Mrs. Harender Saini vs. Indian Bank & Ors.
(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun
1.08.2025