Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs M/S HARGOBIND FASHIONS (P) LTD AND ORS on 26 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
**Misc. Appeal No.119/2018
Arising out of O.A. No.7/95 (DRT-I, Delhi)**
**Item No.05**
**State Bank of India**
**V.**
**M/s Hargobind Fashion (P) Limited & another**
**26.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**
Present: Sh. S.K. Tyagi, Advocate for the appellant through VC
None for the respondents
This matter is taken up through Hybrid hearing.
**I.A. No.304/2018 (application for condonation of delay)**
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1. Sh. S.V. Tyagi, Advocate for the appellant stated that against the impugned order dated 01.06.2017 the appellant had filed a writ petition before the Delhi High Court which was ordered to be dismissed as withdrawn on 03.11.2017 with liberty to the appellant to file appropriate proceedings before this Tribunal. Thereafter, this appeal was filed on 04.12.2017. The delay, if any, was neither deliberate nor intentional but due to the filing of writ petition before the High Court to impugn the order dated 01.06.2017. After considering all facts, the delay in filing the appeal is condoned. The application is accordingly allowed.
**Misc. Appeal No.119/2018**
2. The appellant filed O.A. bearing no.7/1995 which was decided by DRT-I, Delhi. The appellant filed a Misc. Application bearing no.55/2016 for initiation of criminal proceedings against Prit Pal Singh, who was arrayed as defendant no.2 in O.A., for prosecution under section 193, 196, 199 and 200 of IPC read with section 195(b)(i) and section 340 of CrPC for filing false affidavit. The said application was dismissed vide impugned order dated 01.06.2017 by observing that the copies of receipts/counterfoils were not part of the record of the Tribunal when they were filed before the Tribunal after alleged fabrication. The appellant being aggrieved, filed the present appeal.
3. Sh. S.V. Tyagi, Advocate for the appellant has referred the order date 05.11.2019 and stated that dispute between the parties have already been settled and No Due Certificate has already been issued in favour of the respondents but this Tribunal in the order observed that even if civil liabilities settled, the proceedings under section 340 CrPC have to be continued.
4. The perusal of the impugned order dated 01.06.2017 reflects that there is no error in the said order which may require interference by this Tribunal. Hence, the present appeal is dismissed along with all pending applications, as there is no requirement of continuing the proceedings under section 340 CrPC against Prit Pal Singh.
Sd -
**(Dr. Justice Sudhir Kumar Jain)** **Chairperson**
-pk\$