Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs ASHOK KUMAR KHATIK on 13 October 2026

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

Misc. Appeal No.325/2026

Arising out of S.A. No.40912026 (DRT, Jaipur)

Item No.05

State Bank of India

Vs.

Ashok Kumar Khatik

13.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain Present: Sh. S.K. Tyagi and Sh. Ishaan Tyagi, Advocates for the appellant through VC

This matter is taken up through Hybrid hearing.

I.A. No.143212026 (application for condonation of delav filed bv the appellant)

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1. The instant application is filed for condonation of delay of 75 days in filing the appeal due to the reasons stated in the application. After considering all the facts, the delay of 7 5 days in filing the appeal is condoned. The application is accordingly allowed. Misc. Appeal No.325/2026

2. Respondent filed S.A. bearing no.40912026 titled as Ashok Kumar Khatik Vs. State Bank of India which is stated to be pending before DRT, Jaipur. DRT, Jaipur on 15.05.2026 took up the S.A. for hearing for the first time and stayed further proceedings. The relevant portion of the impugned order dated 08.04.2026 is reproduced as under: Despite directions from DFS, Ministry of Finance, no one is present to protect the interest of bank and liaison officer is also not present. Theefore, this Tribunal is constrained to grant further stay in the matter. Along with reply explanation be also filed on the basis of the two documents mentioned above.

3. Sh. S. K. Tyagi, Advocate for the appellant stated that the interim order as tnentioned in the order dated 15.05.2026 was passed without giving an opportunity of being heard to the appellant or to file reply, which is against the principles of natural justice.

4' The perusal of the impugned order reflects that none including the Liaison officer was present on behalf of the appellant when the s,A. was taken up for hearing and stay order was passed. The present appeal is disposed of with liberty to the appellant to file appropriate application for vacation of the interim order as mentioned in the order dated 15.05 .2026 within two weeks from today. If such an application is filed by the appellant, DRT, Jaipur shall decide the said application in accordance with law on or before the next date of hearing after giving oppot'tunity of being heard to the respondent i.e. applicant of the S.A. as well.

5. Pending applications, if any, also stand disposed of. qLv^>_._._ (Dr. JusticeEu-orrrr Kumar Jain) Chairperson -pkS

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