Neutral Citation No. - 2025:AHC:137624 Court No. - 35 Case :- FIRST APPEAL DEFECTIVE No. - 675 of 2025 Appellant :- Hdfc Bank Limited Respondent :- Tanjim And 5 Others Counsel for Appellant :- Rajesh Kumar Srivastava Hon'ble Sandeep Jain,J. InRe:Civil Misc. Exemption Application No.1 of 2025 1. The first appeal has been reported to be defective on account of non-filing of certified copy of the formal order dated 04.04.2025 passed by the Court of Civil Judge (Senior Division), Gautam Buddha Nagar. In this behalf an exemption application has been filed detailing therein reasons due to which certified copy of the formal order could not be filed. I am satisfied with the reasons given in the exemption application. Filing of certified copy at this stage is hereby exempted. 2. The exemption application is allowed. (Order on First Appeal) 1. Heard learned counsel for the appellant. 2. The instant appeal has been filed under Section 384 of the Indian Succession Act, 1925 against the impugned order dated 12.03.2022 passed by the Court of Civil Judge (Senior Division), Gautam Buddha Nagar in Succession Case No.132 of 2021 (Tanjim vs. Smt. Tariqunnisha & others) and impugned order dated 04.04.2025 passed in Misc. Case No.422 of 2022 (HDFC Bank Limited vs. Tanjim & others). 3. Learned counsel for the appellant submitted that Irshad had taken cash credit loan from the HDFC Bank Limited in which on 16.02.2022, the outstanding balance was Rs.24,00,000/-. For securing this facility Irshad had mortgaged his immovable property. Learned counsel submitted that Irshad died and thereafter, a succession case for granting succession certificate was filed by his legal heirs for securing the amount of Rs.23,11,865.09/- which was lying in his Bank Account No.32587630000064 with the Bank, which was allowed by the court below by impugned order dated 12.03.2022 in which HDFC Bank was not impleaded as a party. When this fact came in the knowledge of the Bank, then it moved an application under Section 383 of the Indian Succession Act for setting aside that order, which was rejected by the impugned order dated 04.04.2025, on the ground that since the earlier order dated 12.03.2022 was passed in Lok Adalat, as such, its validity can only be assailed by filing a writ petition under Article 226/227 of the Constitution of India. Learned counsel submitted that the legal heirs of deceased Irshad have fraudulently obtained the succession certificate, as such, both the impugned orders mentioned above be set aside. 4. From the facts and circumstances of the present case, it appears that a loan was taken by Irshad which was not repaid till his death and as such, an outstanding balance of about Rs.24 lakhs was due towards the Bank. It is also apparent that a succession certificate regarding money available in the bank account of deceased Irshad was obtained by his legal heirs in Succession Case No.132 of 2021 on 12.03.2022, without impleading the HDFC Bank. 5. Under Section 171 of the Indian Contract Act, 1872, HDFC Bank, in the absence of a contract to the contrary, can exercise a general lien on any amount held by it, under any deposit, on account of any outstanding amount due to it. In view of this specific provision, the Bank can very well exercise its above power under Section 171 of the Indian Contract Act, in accordance with law. 6. In view of the above legal position, the present first appeal filed under Section 388 (2) of the Indian Succession Act, 1925 is legally not maintainable. 7. The present first appeal is accordingly, dismissed at the admission stage. 8. However, the dismissal of this first appeal will not prevent the appellant-Bank from exercising its legal right under Section 171 of the Indian Contract Act or any other statutory provision, if permissible, in accordance with law. Order Date :- 13.8.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad