High Court of Bombay

ICICI Bank Limited v. Unimers India Limited and Ors.

MANU/MH/0219/2016

07.03.2016

Banking

DRT has no jurisdiction to hear un-appointed debenture trustee

In a claim for recovery made by a debenture trustee of debentures of a company on behalf of or for the benefit of the debenture holders, the Debt Recovery Tribunal will have no jurisdiction to entertain an application for recovery. The Court distinguished the standing of a debenture trustee with that of a “secured creditor”: not falling within such a definition, a debenture trustee not appointed by a bank or financial institution would instead have legal recourse to civil courts.

Relevant

Krishna Filaments Ltd. vs. Industrial Development Bank of India and Ors. MANU/MH/0001/2004
Alpha and Omega Diagnostics India Ltd. vs. Asset Reconstruction Company (I) Ltd. and Ors. MANU/MH/0898/2010
Section 18 Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Section 2 SARFAESI Act, 2002

Tags : Debenture trustee tribunal debt recovery

Share :