NEERAJ ALIAS NAGAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two petitions which raise similar questions concerning the scope and powers of the Debt Recovery Tribunal ('DRT') and the Debt Recovery Appellate Tribunal ('DRAT') are being disposed of by this common

(2.) The facts in W.P.(C) No. 414/2019 are that proceedings under the Recovery of Debts and Bankruptcy Act, 1993 ('RDB Act') were initiated before the DRT by the State Bank of Mysore (now State Bank of India) (hereafter 'Bank') against the legal representatives (LRs) of the original borrower late Mr. K. B. Syal by way of O.A. No. 22/2006. This was disposed of by an order dated 10th February, 2011 allowing the Bank's claim in the sum of Rs.30,88,494/- together with simple interest at 10% p.a. from the date of declaration of non-performing asset till full realisation. Consequent thereto, Recovery Certificate (RC) No. 166/2013 was issued. The said recovery proceedings are stated to be pending.

(3.) While the above RC was pending before the Recovery Officer, DRT-III, a settlement scheme was announced by the Bank. Pursuant to the settlement the Bank issued a letter dated 14th November, 2018 to the borrower firm i.e. M/s. Richies Fashion, the proprietor of which was Mrs. Rashmi Syal.