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
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