DRT Recovery Certificate Not Deemed a Decree for Insolvency Prior to 2016 Amendment

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Case: H.D.F.C.BANK LIMITED v. KISHORE K.MEHTA (DEAD) THR. LRS.
Court: Supreme Court of India
Date: 13-07-2026
Law: Presidency-Towns Insolvency Act, Recovery Of Debts And Bankruptcy Act, Code of Civil Procedure.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• Interpretation of the term "decree or order" under Section 9(2) of the Presidency Towns Insolvency Act, 1909.
• Applicability of the Code of Civil Procedure, 1908 definitions of "decree" and "order" to insolvency proceedings.
• Analysis of whether a Debts Recovery Tribunal recovery certificate constitutes a decree prior to the 2016 RDB Act amendment.
• Application of the prospective nature of Section 19(22A) of the Recovery of Debts and Bankruptcy Act.
• The principle of crystallization of parties' rights on the date of institution of litigation.
• Reliance on the precedent of Paramjeet Singh Patheja regarding the strict construction of insolvency laws.