Debts Recovery Tribunals and Appellate Tribunals
Karun Kumar vs Piramal Capital & Housing Finance Ltd on 28 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
**(Holding Additional Charge of DRAT, Allahabad)**
Diary No. 2376/2026
Arising out of SA No. 1224/2025 (DRT-Lucknow)
Item No. 06
**Karun Kumar**
**V**
**Piramal Capital & Housing Finance Limited**
**28.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**
Present: Sh. Faraz Khan, Advocate for appellant through VC
Sh. Ashish Pratap Singh, Advocate for respondent through VC
This matter is taken up through Hybrid hearing.
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1. The appellant filed S.A. bearing No. 1224/2025 titled as **Karun Kumar V The Authorized Officer, Piramal Capital & Housing Finance Limited**, which was stated to be pending before the DRT-Lucknow. The DRT-Lucknow vide order dated 10.08.2026 has dismissed the S.A. bearing No. 1224/2025. The impugned order dated 10.08.2026 is reproduced as under:
In this matter applicant is third party and subsequent purchaser of the property, the notice has been issued under 13(2) on 16.01.2025 and he has purchased the property in April-2025, therefore, the sale is void and he has no right to challenge the proceeding of the bank being subsequent purchaser. The borrower has cheated him.
The SA stands dismissed.
2. Sh. Faraz Khan, Counsel for the appellant argued that impugned order dated 10.08.2026 is cryptic in nature and was passed on the basis of assumption and presumption and without assigning any reason. It is prayed that the impugned order dated 10.08.2026 be set-aside.
3. The perusal of the impugned order dated 10.08.2026 reflects that the DRT-Lucknow dismissed the S.A. bearing No. 1224/2026 merely on the ground that the applicant being the subsequent purchaser after the issuance of notice dated 16.01.2025 under Section 13(2) had purchased the property in April 2025 and as such the sale was opined to be void in law.
4. The DRT-Lucknow should have consider all the pleas and contentions raised in the S.A. on behalf of the appellant only on merit and after considering various legal and factual issues raised in the S.A. by the appellant. The impugned order dated 10.08.2026 cannot sustained and accordingly be set-aside. The S.A. bearing No. 1224/2025 is remanded back to the DRT-Lucknow for fresh disposal after considering the merits in accordance with law. The appellant is directed to appear before the DRT-Lucknow on 11.12.2026 for further directions.
5. Copy of this order be sent to the concerned DRT for compliance and information.
----- (Dr. Justice Sudhir Kumar Jain) Chairperson Addl. Charge, DRAT, Allahabad
-P\$