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17/10/2026

DRAT appeal filed in time, but no pre-deposit? The appeal can fail right there. ⏳

Many borrowers focus on the 30-day limit and forget the money. At the Debts Recovery Appellate Tribunal (including DRAT Kolkata), the pre-deposit is a condition for the appeal to be entertained at all.

HOW THE DRAT PRE-DEPOSIT WORKS:
✅ Recovery cases: 50% of the debt due, as determined by the DRT (Section 21, RDB Act, 1993).
✅ SARFAESI cases: 50% of the debt claimed by the secured creditor or determined by the DRT, whichever is less (Section 18, SARFAESI Act, 2002).
✅ Reduction: the DRAT may reduce the amount for reasons recorded in writing, but never below 25%.
✅ Timing: the deposit is usually dealt with at the first hearing or admission stage, and the Tribunal directs the amount and the time to pay.
✅ After deposit: the amount stays with the Tribunal while the appeal is pending and is dealt with as per the DRAT's directions and the final outcome.

CASE LAW:
📌 Narayan Chandra Ghosh v. UCO Bank, (2011) 4 SCC 548: the statutory pre-deposit condition must be followed.
📌 Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311: the earlier 75% deposit was struck down as onerous.

HOW TO PREPARE:
👉 Calculate 50% of the DRT-determined debt before filing
👉 Prepare a short note on your finances and genuine dispute
👉 Ask for reduction (down to 25%) with reasons
👉 Request time to deposit, and interim protection

This is important for borrowers, guarantors and mortgagors who have lost before the DRT.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

16/10/2026

Can you sell your share of an undivided property? Yes, but not like this. 🏠

You can sell your undivided share without partition or demarcation. You cannot sell a specific portion, or the whole property, as if it is yours alone.

THE LEGAL POSITION:
✅ Section 44, Transfer of Property Act, 1882: a co-owner can transfer his own undivided share. The buyer steps into his shoes and can seek partition. The Act does not require the other co-owners' consent.
✅ The buyer gets only that share, not a fixed portion, until partition.
✅ S.K. Golam Lalchand v. Nandu Lal Shaw, 2024 INSC 676: a co-owner cannot transfer the entire unpartitioned property unless his share is first determined and demarcated. The sale stands only to the extent of his share.
✅ Dwelling house of an undivided family: an outsider buyer cannot demand joint possession, only partition (Section 44, second paragraph).

ABOUT PRIOR NOTICE TO CO-OWNERS:
📌 The Transfer of Property Act does not make prior notice compulsory. But some state laws give co-sharers pre-emption rights. In West Bengal, for raiyati land, a co-sharer can apply within three months of the statutory notice (Section 8, WB Land Reforms Act, 1955; Gopal Sardar v. Karuna Sardar, (2004) 4 SCC 252).
📌 Safest course: give the other co-owners written notice with the price and terms before you sell.

BEFORE YOU SIGN:
👉 Describe the deed as "undivided share", with the exact fraction
👉 Check title and possession
👉 Check if it is joint family (coparcenary) property, as different rules may apply

This is important for co-owners, legal heirs and property buyers.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

15/10/2026

Lost before the DRT? You have only 30 days to appeal to the DRAT. ⏳

The biggest mistake borrowers make is losing weeks after the order, or rushing to the High Court without knowing the correct remedy.

THE LEGAL POSITION:
✅ Appeal lies to the Debts Recovery Appellate Tribunal (DRAT) within 30 days of receipt of the DRT order: Section 20, RDB Act, 1993 (recovery cases) and Section 18, SARFAESI Act, 2002 (Section 17 applications).
✅ Pre-deposit is mandatory: 50% of the debt. The DRAT may reduce it to not less than 25% only by recording reasons (Section 21 RDB Act; Section 18 SARFAESI Act).
✅ Narayan Chandra Ghosh v. UCO Bank, (2011) 4 SCC 548: the pre-deposit condition cannot be ignored.
✅ United Bank of India v. Satyawati Tondon, (2010) 8 SCC 110: High Courts ordinarily do not entertain writs when the DRT/DRAT remedy exists.

TYPES OF CASES THAT GO TO THE DRAT:
1️⃣ Borrower or guarantor appeals against a DRT order in a bank or ARC recovery case
2️⃣ Appeals against dismissal of a Section 17 SARFAESI application (possession, auction)
3️⃣ Bank or ARC appeals against a DRT order setting aside recovery steps
4️⃣ Appeals against a DRT order on a Recovery Officer's action

WHAT TO DO NOW:
👉 Get the certified copy of the order at once
👉 Count 30 days from the date of receipt
👉 Arrange the pre-deposit
👉 File a clear memorandum of appeal with grounds

This is important for borrowers, guarantors, mortgagors and property owners facing recovery by banks, NBFCs and ARCs.

For legal consultation, call +91 890 222 4444 or visit www.patraslawchambers.com

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

14/10/2026

Paid the settlement amount, but did you collect your No Dues Certificate? 🤔

This is the mistake that brings recovery notices back to life.

Many people settle a bank loan, a cheque bounce case or a recovery dispute, pay the agreed amount, and rely on a verbal assurance or a simple receipt. Months later the creditor says something is still pending, or the court case is still alive.

THE LEGAL POSITION:
✅ A settlement is a contract. Payment accepted in satisfaction of a claim discharges the liability (accord and satisfaction, Section 63, Indian Contract Act, 1872).
✅ In decree and recovery matters, payment made outside the court must be certified to the court under Order XXI Rule 2 CPC. If it is not certified, the executing court is not bound to recognise it.
✅ A compromise in a pending suit must be recorded by the court under Order XXIII Rule 3 CPC.
✅ In a cheque bounce case, the offence is compoundable under Section 147 of the Negotiable Instruments Act. The settlement must be recorded by the Magistrate (Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663; Gimpex Pvt. Ltd. v. Manoj Goel, (2022) 11 SCC 705).
✅ In a bank One-Time Settlement, strict compliance with every term is essential (Sardar Associates v. Punjab & Sind Bank, (2009) 8 SCC 257).

YOUR CLOSURE CHECKLIST:
1️⃣ Settlement letter marked "full and final"
2️⃣ Receipts for every payment
3️⃣ No Dues / Loan Closure Certificate
4️⃣ Release of security, original documents and cheques
5️⃣ Withdrawal or disposal of every pending case
6️⃣ Updated credit record

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

13/10/2026

Got a SARFAESI notice from an NBFC or an ARC? Can you really fight it before the DRT? 🤔

YES. And this is where most borrowers get confused.

THE LEGAL POSITION:
✅ Notice stage: you can send a written reply with objections under Section 13(3A) of the SARFAESI Act. The lender must consider it and communicate reasons if it rejects your objections.
✅ After action: once any measure under Section 13(4) is taken (such as possession), you can file a Securitisation Application before the Debts Recovery Tribunal under Section 17, within 45 days.
✅ ARC: an ARC acquires the loan under Section 5 and steps into the shoes of the original lender. Your remedy before the DRT stays the same.
✅ Leading case: Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311. The Supreme Court upheld the Act and recognised the borrower's right to reply and to approach the Tribunal.
✅ Wide remedy: Jagdish Singh v. Heeralal, (2014) 1 SCC 479. The Tribunal can examine the legality of the whole process.
✅ Caution on writs: United Bank of India v. Satyawati Tondon, (2010) 8 SCC 110, and Authorised Officer, State Bank of Travancore v. Mathew K.C., (2018) 3 SCC 85. High Courts ordinarily do not entertain writs that bypass the DRT remedy.

WHAT TO DO NOW:
1️⃣ Never ignore the Section 13(2) notice
2️⃣ Send a detailed written reply within the notice period
3️⃣ Note the date of every action taken by the lender
4️⃣ File the Section 17 application within 45 days
5️⃣ Keep all loan documents, statements and notices ready

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

12/10/2026

Charge sheet filed and scared to apply for bail? ⚖️ Read this before you do anything.
Most people believe that once a charge sheet is filed, arrest and jail are automatic. The Supreme Court says otherwise.
In Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (decided 11 July 2022), the Supreme Court laid down a bail roadmap for the stage after the charge sheet and divided offences into four categories:
🔹 Category A – offences punishable up to 7 years: arrest safeguards under Sections 41 and 41A CrPC (now Section 35 BNSS) must be followed. If the accused appears on summons and cooperates, bail should ordinarily be granted.
🔹 Category B – offences punishable with death, life imprisonment or more than 7 years, and Category D – economic offences outside special laws: summons or bailable warrant first; on appearance, bail is decided on merits.
🔹 Category C – special laws with strict bail tests, such as NDPS (Section 37), UAPA (Section 43D(5)) and PMLA (Section 45): the statutory conditions must be satisfied.
The Court also directed that bail applications should ordinarily be decided within two weeks, and that arrest is not to be made mechanically merely because a charge sheet is filed (following Siddharth v. State of U.P., 2021).
The moral of the law: do not run, do not panic, appear when summoned, and know your category. Bail is the rule, jail is the exception.
Please also read the later clarificatory order of 21 March 2023 in this case and any subsequent amendments.
Who this is for: anyone facing a charge sheet or trial and worried about bail, and their families.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

05/10/2026

Think you can fix a weak trial record by adding documents in appeal? The Supreme Court says no. ⚖️

In a judgment decided on 9 March 2026 (Civil Appeal Nos. 5168–5169 of 2011), the Supreme Court of India explained Order XLI Rule 27 of the CPC. Parties to an appeal are not entitled to produce additional evidence as a matter of right. It is allowed only in three situations:

1️⃣ The trial court refused to admit evidence that ought to have been admitted.
2️⃣ Despite due diligence, the evidence was not within the party's knowledge or could not be produced at the time of the decree.
3️⃣ The appellate court itself requires a document or witness to pronounce judgment, or for any other substantial cause.

📌 Background: A family that won a land title suit applied in the High Court appeal to place land records on file. The High Court did not decide that application along with the appeal, and rejected it later in review.

📌 Holding: The power is discretionary and used sparingly, only to remove a lacuna and not to let a party fill gaps at leisure. If the appeal court can give a satisfactory judgment on the existing record, the rule does not apply. Reasons must be recorded when evidence is admitted. The Court added that even if the records were accepted, the result would not change. The appeals were dismissed.

📌 Lesson: Lead all your evidence at trial. If you must apply later, name the exact ground, show due diligence and file early.

For advocates, litigants and law students with a civil appeal pending.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

04/10/2026

Won a decree, but the real owner was never in the case? That decree may be worth nothing against them. ⚖️

Advocates know every necessary party must be added. Yet a party is sometimes left out to avoid a Section 80 notice and its waiting period, or to avoid seeking the leave of the court. The Supreme Court of India has now shown how fatal that shortcut can be (decided 9 March 2026, Civil Appeal Nos. 5168–5169 of 2011).

📌 Background: A family in Gwalior, Madhya Pradesh, claimed land on the strength of an earlier decree their predecessors had obtained against the State government. But the land belonged to the Union of India, which was never impleaded in that suit. The revenue records were then changed in the family's favour.

📌 Holding: The Court upheld the High Court and held that the earlier decree was not binding on the Union. Once it fell, the family had to prove title independently. They had no title deeds and no witness to show when, and on what basis, their forefathers entered possession. The Court also disapproved of securing a decree behind the back of the true owner. The appeals were dismissed.

📌 Lesson: List every necessary party before you file, especially the true owner, and be sure whether the Union or the State is the right government. A missing party can be raised in appeal years later, and your rights can go away.

For advocates, property owners and litigants relying on an old decree.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

03/10/2026

Lost the land to a decree? Your claim is now against the seller, not the land. 💰

After Alka Shrirang Chavan & Anr. v. Hemchandra Rajaram Bhonsale & Ors., 2026 LiveLaw (SC) 44 (decided 12 January 2026), a buyer during a pending suit cannot resist the decree: the transfer is not void, but it is subservient and no further petitions are entertained. What is left is recovery from the transferor.

Remedy one: a civil money suit against the seller for refund of the price, with interest and damages. Under Section 55(2) of the Transfer of Property Act, a seller impliedly promises that the interest he sells subsists and that he has power to transfer it.

Remedy two: a criminal complaint against the seller. Selling land already under litigation, while hiding it, can amount to cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023. If the police do not register an FIR, a petition before the Magistrate under Section 175(3) of the BNSS is the route.

Act fast: limitation runs against the money suit. Keep the sale deed, payment proof and the case records ready.

Why the land remedy is shut: Celir LLP v. Somati Prasad Bafna (2024 SCC OnLine SC 3727); Sanjay Verma v. Manik Roy (2006) 13 SCC 608; Guruswamy Nadar v. P. Lakshmi Ammal (2008) 5 SCC 796; Danesh Singh v. Har Pyari (2025 SCC OnLine SC 2805).

For buyers who bought during litigation. 👉



⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

02/10/2026

Buying property? One missed search can cost you the land and the money. 🔍

The Supreme Court in Alka Shrirang Chavan & Anr. v. Hemchandra Rajaram Bhonsale & Ors., 2026 LiveLaw (SC) 44 (decided 12 January 2026) held that a buyer pendente lite has no right to obstruct the decree, and that lack of knowledge of the case is no defence (relying on Celir LLP, Sanjay Verma and Danesh Singh).

What the judgment tells every buyer to check:
1. Search court records for any suit against the seller or the land, before paying a rupee.
2. Check the Sub-Registrar for any registered notice of pendency. In Maharashtra the amended Section 52 requires registration, yet Celir LLP warns that a missing notice does not make the doctrine inapplicable.
3. Trace the full chain of title, including every earlier agreement for sale.
4. Visit the site and verify who is in possession.
5. Remember that the doctrine applies from the day the plaint is presented, even before notice issues (Siddamsetty Infra v. Katta Sujatha Reddy, 2024 SCC OnLine SC 3214, noted in this judgment).
6. Protect payment: staged payments, a title covenant and an indemnity from the seller.

Authorities: Celir LLP v. Somati Prasad Bafna (2024 SCC OnLine SC 3727); Sanjay Verma v. Manik Roy (2006) 13 SCC 608; Guruswamy Nadar v. P. Lakshmi Ammal (2008) 5 SCC 796; Danesh Singh v. Har Pyari (2025 SCC OnLine SC 2805).

For buyers, investors, builders and lawyers. 👉



⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

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