Debts Recovery Tribunals and Appellate Tribunals

INDIAN BANK vs THUPAKULA NARASAIAH on 14 August 2026

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

CHAIRPERSON

Appeal No. 51 of 2026

Order No. 08

14.08.2026

Indian Bank

… Appellant

-Vs-

Thupakula Narasaiah & 7 0thers

… Respondents

Ms.

Ashmita

Lohia

and

Ms. Varsha Khowala, Learned

Counsel for the Appellant

Mr. G.K. Deshpande (Virtual) with

Mr.

Sreyash

Basu

Dasgupta,

Learned Counsel for Respondent

No. 1

Mr. Shashwat Nayak (Virtual)

with Ms. Sannoyee Chakravorty,

Learned

Counsel

for

the

Respondents No. 6, 7 and 8

THE APPELLATE TRIBUNAL:

I.A. 217 of 2026

Application by the Appellant under Order 41 Rule 27

C.P.C. for filing of the additional evidence.

Heard the Learned Counsel for Appellant as well as Respondents No. 1 and 6, 7 and 8 and perused the record.

At the very outset, it was observed that the Learned Counsel for Respondent No. 1 objected to the application on the ground that the Appellant was trying to fill up the lacune before the Learned DRT, which is not permissible under the law.

Per contra, Learned Counsel for Appellant would submit that the Application under Order 41 Rule 27 C.P.C. was filed

on the ground that the document could not be filed because of bona fide inadvertence despite exercising due diligence.

The

Hon’ble

Apex

Court

in

Chowdappa

-vs-

Hanumantharayappa & Others (2026 SCC OnLine

1509) decided on 6th of August, 2026, has laid down the law in paragraphs 12 and 13 of the judgment which reads as under:

“12. The decisions relied on by the Appellant can be captured and summarised as follows:

12.1 An Appellate Court has a statutory duty to deal with an Application for Additional Evidence on its merits. The application cannot be ignored while the Court proceeds to pronounce the final

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Judgment.

12.2 The Application must be considered simultaneously with the hearing of the main Appeal on its merits to determine whether the Court "requires" the documents to pronounce Judgment or for any other substantial cause. 12.3 The Appellate Court must pass a specific order either allowing or rejecting the application. If the production of documents is allowed, the Court is obligated to record its reasons for admission. 12.4 Before undertaking the exercise of evaluating the additional evidence, the Appellate Court must first examine the party's pleadings to ensure that the foundational case set up supports the introduction of the proposed evidence. 12.5 Dismissing an appeal without deciding a pending application for additional evidence constitutes a jurisdictional error and results in a severe miscarriage of justice.

13. Leading to the conclusion that, in the present matter, the High Court of Karnataka dismissed the Cross-Objection without referring to, considering, or adjudicating the Application filed under Order XLI Rule 27 CPC for the production of crucial documents, including the Judgments from O.S. 369 of 1997, bank loan discharges, and surveyor sketches. The High Court committed a direct jurisdictional error by completely ignoring the Application while disposing of the Appeal, directly contravening the principles laid out in the decisions supra. The High Court had a duty to evaluate the Application at the final hearing to determine whether the documents were necessary to pronounce Judgment in a more satisfactory manner. The failure to pass a reasoned order either allowing or rejecting this Application before sustaining the Trial Court's decree resulted in a procedural failure and a miscarriage of justice.”

As far as merits of the matter are concerned, certain documents are yet to be filed which are Sale Notice, Documents of service, Affixation and Paper Publication, etc., which should have been filed before the Learned DRT but could not be filed by the Appellant. These documents are necessary for just decision of the appeal. Accordingly, in view of the law laid down by the Hon’ble Apex Court, I.A. 217 of 2016 is allowed. Affidavit-in-reply may be filed by the Respondents within two weeks. I.A. 544 of 2026 is filed by the Appellant for staying operation of the impugned order. Let opposition to the I.A. be filed within two weeks. List on 15th October, 2026 for hearing of appeal. (Anil Kumar Srivastava,J) Chairperson Dated: 14th August, 2026 13/ac

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