Bandaru Babu & Ors. vs City Union Bank Limited

Heard the Learned Counsel for Appellants and perused the record.

Instant appeal is preferred against order dated 23^rd February, 2026 passed by Learned DRT-II, Hyderabad in I.A. 1425 of 2020 in T.A. 3318 of 2017 whereby Learned DRT dismissed the I.A.

Learned Counsel for Appellants would submit that the Appellants moved the application for summoning of the documents under Section 22 (h) of the SARFAESI Act, 2002 on the ground that some forgery has been committed in connivance with the Bank officials but the same was not allowed by the Learned DRT.

Learned DRT has recorded its observation that no legal action was taken by the Appellants. In case any forgery was committed, the O.A. and counter claim has to be adjudicated on the basis of the evidence available on record.

This is a case wherein a counter-claim is also filed by the Appellants. Record further shows that when the Appellants sought for the details along with the cheque xerox copies vide letter dated 6.11.2014 were provided to them as annexed with the paper book. Further, if any forgery, as alleged by the Appellants, was committed, necessary legal action should have been taken by the Appellants but there is nothing on record to prove or show that on getting the information of commission of offence of fraud any F.I.R. was lodged by the Appellants or if the F.I.R. was not registered by the Appellants, any application under Section 156 of the Cr.P.C. (as it then was) was moved by the Appellants to initiate proceedings against the accused persons. Evidence of the Bank is already before the Learned DRT in an O.A. which is pending since 2017.

I have gone through the records and the impugned order. On the basis of the discussion made Appellant Bank above, I do not find any ground to interfere with the impugned order.

Accordingly, appeal is dismissed at the ‘Admission’ stage.

File be consigned to Record room.

Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.

Order pronounced in open Court.