H.D.F.C. BANK LIMITED versus KISHORE K. MEHTA (DEAD) THR. LRS.

Case summary from SCR

Issue for Consideration Whether an insolvency notice u/s.9(2) of the Presidency Towns Insolvency Act, 1909 can be issued on the basis of a recovery certificate issued by a Debts Recovery Tribunal; whether a “decree or order” will include a recovery certificate issued by a DRT under of Debts and Bankruptcy Act (RDB Act). Headnotes† Presidency Towns Insolvency Act, 1909 – s.9(2) – Recovery of Debts and Bankruptcy Act – s.19(22A) – One ‘BDL’ availed credit facilities from a consortium of 15 banks, including the Appellant-Bank –