Supreme Court Awards Rs. 6 Lakh to Man Acquitted After 6 Years, Faults UP Police Probe  ||  Supreme Court: High Courts Can Restore Power on 50% Deposit in Arbitrary Theft Assessments  ||  Supreme Court: Cooperative Society Cannot Deny RTI Records as Personal if Registrar Can Access Them  ||  SC: CoC Cannot Withdraw Approved Resolution Plan Over Improved Corporate Debtor Finances  ||  Delhi High Court: 24-Week Limit Alone Cannot Restrict Medical Termination of Pregnancy  ||  Allahabad High Court Rejects Challenge to 18% GST on Online Legal Database Services  ||  Madras High Court: FIR Registration Does Not Decide Guilt; Prior Hearing of Accused Not Required  ||  Kerala High Court Orders Speedy Prosecution Sanction Process in Sabarimala Gold Theft Case  ||  Allahabad HC: Missing RT-PCR Report Cannot Bar COVID-19 Compensation if Records Confirm Infection  ||  MP High Court Directs Indore Police to Deploy Volunteers for Reporting Noise Pollution Violations    

ICICI Bank Limited v. Unimers India Limited and Ors. - (High Court of Bombay) (07 Mar 2016)

DRT has no jurisdiction to hear un-appointed debenture trustee

MANU/MH/0219/2016

Banking

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 :        

Disclaimer | Copyright 2026 - All Rights Reserved