Debts Recovery Tribunals and Appellate Tribunals
India Bulls Housing Finance Ltd vs MS SKD BUILDTECH PVT LTD on 27 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
**Misc. Appeal No. 281/2022
Arising out of NDN No. 768/2022 (SA) (DRT-II, Delhi)**
**Item No. 20**
**Indiabulls Housing Finance Limited
V
SKD Buildtech Private Limited**
**27.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**
Present: Ms. Sangeeta Sondhi, Advocate for appellant through VC
Sh. Amit Dhall, Advocate for respondent
This matter is taken up through Hybrid hearing.
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1. 1. The respondent filed S.A. bearing NDN No. 768/2022 titled as **M/s SKD Buildtech Private Limited v Indiabulls Housing Finance Limited** which is stated to be pending before DRT-II, Delhi. The respondent filed three applications bearing I.A. No. 1571/2022 for impleadment of Kotak Mahindra Bank Limited, Jaipuria Buildcon Private Limited and Ardee Housing Private Limited and I.A. bearing No. 1572/2022 for seeking amendment in the S.A. bearing NDN No. 768/2022 and I.A. bearing No. 1842/2022 for recalling the order dated 24.08.2022. The DRT vide order dated 11.10.2022 has allowed the I.A. No. 1571/2022 and 1572/2022. The DRT-II, Delhi on I.A. bearing No. 1842/2022 has preferred to appoint Local Commission to verify the persons who are in the possession of the properties.
2. 2. Ms. Sangeeta Sondhi, Counsel for the appellant stated that these applications were decided without calling the replies and giving any proper opportunity of being heard to the appellant and accordingly prayed that the impugned order dated 11.10.2022 be set aside. Sh. Amit Dhall, Counsel for respondent stated that the copies of these applications were supplied to the appellant but appellant has preferred not to file any reply to these applications. Sh. Amit Dhall, Counsel for respondent defending the impugned order.
3. The perusal of impugned order dated 11.10.2022 reflects that I.A. bearing No. 1571/2022 and 1572/2022 were allowed without giving any opportunity of being heard to the appellant. It is not reflecting from the order dated 11.10.2022 that the replies to these applications were even called by the DRT. Accordingly, the impugned order dated 11.12.2022 pertaining to the disposal of I.A. bearing No. 1571/2022 & 1572/2022 is set aside with the direction to the DRT-II, Delhi to decide these applications afresh after calling the replies, if any, from the respondents in accordance with law.
4. The disposal of I.A. bearing No. 1842/2022 reflects that the DRT only appointed the local commissioner to verify the person who is possession the properties and the said application is not still finally adjudicated and decided by the DRT-II, Delhi. DRT-II, Delhi is accordingly also directed to decide the I.A. bearing No. 1842/2022 finally after giving an opportunity to the appellant to file reply if already not filed and after hearing both the parties in accordance with law.
5. The present appeal is accordingly disposed of along with pending application, if any. It is made clear that the pleas and contentions of the contesting parties are left open to be taken before the DRT. The DRT-II, Delhi shall not be influenced by any observation made in the order dated 11.10.2022 pertaining to the disposal of I.A. bearing No. 1571/2022 and 1572/2022.
6. The copy of this order be sent to DRT-II, Delhi for information and compliance.
sd ----- **(Dr. Justice Sudhir Kumar Jain)** **Chairperson**
-NS