Karnataka High Court
Kingfisher Finvest India Limited vs Union Of India on 16 August, 2016
Bench: Chief Justice, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2016
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.39008 OF 2016 (GM-DRT)
BETWEEN
KINGFISHER FINVEST INDIA LIMITED
UB TOWERS
LEVEL 12, UB CITY, 24
VITTAL MALLYA ROAD
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
MR. P SUBRAMANI
... PETITIONER
(BY SRI SAJAN POOVAYYA, SENIOR ADVOCATE FOR
MISS NALINA MAYEGOWDA, ADVOCATE)
AND
1. UNION OF INDIA
DEPARTMENT OF LAW AND JUSTICE
REPRESENTED BY ITS
PRINCIPAL SECRETARY
MINISTRY OF LAW AND JUSTICE
4TH FLOOR, A - WING
SAHSTRI BHAWAN
NEW DELHI - 110 001
2. STATE BANK OF INDIA
A BANKING CORPORATION
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CONSTITUTED UNDER
THE STATE BANK OF INDIA ACT,
1955 (23 OF 1955)
HAVING ITS CORPORATE CENTRE
AT STATE BANK BHAVAN
MADAME CAMA ROAD
NARIMAN POINT
MUMBAI - 400 021
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT 61
RESIDENCY PLAZA
RESIDENCY ROAD
BENGALURU - 560 025
3. AXIS BANK LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956, AND
A BANKING COMPANY WITHIN THE
MEANING OF SECTION 5 (C) OF
THE BANKING REGULATION ACT 1949
AND HAVING ITS REGISTERED OFFICE
AT TRISHUL, THIRD FLOOR
OPP. SAMARTHESWAR TEMPLE
LAW GARDEN, ELLISBRIDGE
AHMEDABAD - 380 006
GUJARAT, INDIA
AND HAVING ITS CORPOARATE OFFICE
AT AXIS HOUSE, C-2
WADIA INTERNATIONAL CENTRE
PANDURANGA BUDHKAR MARG
WORLI, MUMBAI - 400 025
4. BANK OF BARODA
A BODY CORPORATE UNDER
THE BANKING COMPANIES (ACQUISITION
AND TRANSFER OF UNDERTAKING)
ACT 1970 (5 OF 1970)
HAVING ITS HEAD OFFICE AT
BARODA HOUSE, P.B.NO. 506
MANDAVI, VADODARA - 396 006
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ACTING THROUGH ITS BRANCH
OFFICE AT P.O. BOX 11745
SAMATA BUILDING
GENERAL BHOSALE MARG
NARIMAN POINT
MUMBAI - 400 021
5. BANK OF INDIA
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES
(ACQUISITION & TRANSFER OF
UNDERTAKINGS) ACT, 1970
AND HAVING ITS HEAD OFFICE AT
STAR HOUSE, C-5, G BLOCK
BANDRA KURLA COMPLEX
BANDRA (E), MUMBAI-400 051
AND HAVING ITS LARGE CORPORATE
BRANCH AT GROUND FLOOR
ORIENTAL BUILDING, 364
D.N.ROAD, FORT
MUMBAI - 400 001
6. CENTRAL BANK OF INDIA
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES
(ACQUISITION & TRANSFER OF
UNDERTAKINGS) ACT, 1980
AND HAVING ITS CORPORATE OFFICE AT
CHANDRAMUKHI
NARIMAN POINT
MUMBAI-560 021
AND HAVING ITS CORPORATE
FINANCE BRANCH (EARLIER KNOWN
AS INDUSTRIAL FINANCE BRANCH)
AT CHANDRAMUHI GROUND FLOOR
NARIMAN POINT, MUMBAI-560 021
7. CORPORATION BANK
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES
(ACQUISITION & TRANSFER OF
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UNDERTAKINGS) ACT, 1980
(40 OF 1980) AND HAVING ITS
CORPORATE OFFICE AT
MANGALADEVI TEMPLE ROAD
PANDESHWAR, MANGALORE-575 001
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT RALLARAM
MEMORIAL BUILDING
1ST FLOOR, CSI COMPOUND
MISSION ROAD, BENGALURU-560 027
8. THE FEDERATION BANK LIMITED
A COMPANY WITHIN THE
MEANING OF THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE
AT FEDERAL TOWERS
ALUVA 683101
KERALA
AND HAVING ITS BRANCH OFFICE
AT ST.MARKS ROAD
9, HALCYON COMPLEX
ST.MARKS ROAD
BENGALURU-560 001
9. IDBI BANK LIMITED
A COMPANY INCORPORATED UNDER
THE COMAPNIES ACT, 1956
AND A BANKING COMPANY
WITHIN THE MEANING OF THE
BANKING REGULATION ACT, 1949
HAVING ITS HEAD OFFICE AT
IDBI TOWER, WTC COMPLEX
CUFFE PARADE, MUMBAI - 400 005
MAHARASHTRA INDIA
AND ACTING THROUGH ITS BRANCH
OFFICE AT CORPORATE
BANKING GROUP-FAMG
9TH FLOOR, IDBI TOWER
WTC COMPLEX
CUFFEE PARADE COLABA
MUMBAI-400 005
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10. INDIAN OVERSEAS BANK
A BODY CORPOARTE UNDER
THE BANKING COMPANIES
(ACQUISITION AND TRANSFER
OF UNDERTAKING) ACT, 1970
HAVING ITS CENTRAL OFFICE AT
763, ANNA SALAI
CHENNAI 600 002.
AND ITS BRANCH OFFICE AT
"HARIKRIPA", 26-A, S.V. ROAD,
SANTACRUZ(W), MUMBAI-400 054.
11. JAMMU & KASHMIR BANK LIMITED
A BANKING COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE
JAMMU & KASHMIR COMAPNIES
ACT NO.XI OF 1977 (SAMVAT)
HAVING ITS REGISTERED OFFICE
AT CORPORATE HEADQUARTER,
MAULANA AZAD ROAD,
SRINAGAR, KASHMIR 190 001.
AND ITS BRANCH OFFICE AT
SYED HOUSE, 124,
S.V. SAVARKAR MARG,
MAHIM (WEST),
MUMBAI 400 016.
12. PUNJAB & SIND BANK
A BODY CORPORATE UNDER
BANKING COMPANIES (ACQUISITION
AND TRANSFER OF UNDERTAKING)ACT, 1980
HAVING ITS HEAD OFFICE AT 21,
RAJENDRA PLACE,
NEW DELHI-110 008.
AND HAVING AMONGST OTHERS,
A BRANCH OFFICE AT J.K. SOMANI BUILDING,
BRITISH HOTEL LANE, FORT, MUMBAI-400 023.
13. PUNJAB NATIONA BANK
A BODY CORPORATE UNDER THE BANKING
COMPANIES (ACQUISITION AND TRANSFER OF
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UNDERTAKING) ACT, 1970(5 OF 1970)
HAVING ITS HEAD OFFICE AT 7,
BHIKAJI CAMA PLACE,
NEW DELHI-110 607.
ACTING THROUGH ITS LARGE
CORPORATE BRANCH AT CENTENARY
BUILDING, 28, M.G. ROAD,
BENGALURU-560 001.
14. STATE BANK OF MYSORE
A BODY CORPORATE CONSTITUTED
UNDER THE STATE BANK OF INDIA
(SUBSIDIARY BANKS) ACT 1959
HAVING ITS HEAD OFFICE AT
KEMPE GOWDA ROAD
BENGALURU-560009
AND ITS CORPORATE ACCOUNTS BRANCH
AT NO.18, RAMANASHREE ARCADE
M.G.ROAD, BENGALURU-560001
15. UCO BANK
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES(ACQUISITION &
TRANSFER OF UNDERTAKINGS)ACT, 1970
AND HAVING ITS HEAD OFFICE AT 10
BTM SARANI, KOLKATA-700001
WEST BENGAL, INDIA
AND ITS BRANCH OFFICE AT
IST FLOOR, 13/22, K.G.ROAD
BENGALURU-560009
16. UNITED BANK OF INDIA
A BODY CORPORATE UNDER
THE BANKING COMPANIES
(ACQUISITION & TRANSFER
OF UNDERTAKINGS) ACT,1970
(5 OF 1970) AND HAVING ITS
HEAD OFFICE AT 11
HEMANTA BASU SARANI
KOLKATA-700001
ACTING THROUGH ITS
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BRANCH OFFICE AT 40
K.G.ROAD, BENGALURU-560009
RESPONDENT NOS.2-16, ARE
REPRESENTED BY MR S RANGA VITTAL
ASSISTANT GENERAL MANAGER
& RELATIONSHIP MANAGER
AMT IV (SMG-V) STATE BANK OF INDIA
INDUSTRIAL FINANCE BRANCH, BANGALORE
17. KINGFISHER AIRLINES LIMITED
UB TOWER, LEVEL 12, UB CITY
24, VITTAL MALYA ROAD
BENGALURU-560001
REPRESENTED BY ITS DIRECTOR
18. UNITED BREWERIES(HOLDINGS) LIMITED
UB TOWER, LEVEL 12, UB CITY
24, VITTAL MALYA ROAD
BENGALURU-560001
REPRESENTED BY ITS DIRECTOR
19. DR VIJAY MALLYA
S/O LATE SRI VITTAL MALLYA
AGED MAJOR
R/AT 3, VITTAL MALLYA ROAD
BANGALORE-560001
20. SBICAP TRUSTEE COMPANY LIMITED
NO.8, 5TH FLOOR, KHETAN BHAVAN
198, JAMSHEDJI TATA ROAD
CHURCHGATE, MUMBAI-4000020
REPRESENTED BY ITS
CHIEF OPERATIONS OFFICER
MR.V.G.PATHAK ... RESPONDENTS
(SRI KRISHNA S DIXIT, ASSISTANT SOLICITOR GENERAL FOR
RESPONDENT NO.1
SRI. GEORGE JOSEPH, ADVOCATE FOR RESPONDENT NOS.2 TO
16)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
DIRECTION OR WRIT IN THE NATURE OF MANDAMUS TO
RESPONDENT NO.1 TO APPOINT CHAIRPERSON IN TERMS OF
SECTION 9 OF THE RECOVERY OF DEBTS DUE TO BANKS AND
FINANCIAL INSTITUTIONS ACT, 1993 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
An application being M.A.No.145 of 2015, is pending before the Debts Recovery Appellate Tribunal, Chennai.
2. The regular presiding officer is not available.
3. We are informed that the learned Judge of the Allahabad Bench of the said Tribunal is in-charge of the Chennai Bench.
4. We feel that justice will be sub-served, if the said M.A. No.145 of 2015 is disposed of expeditiously. -9-
5. We request the Debts Recovery Appellate Tribunal to take up the matter for hearing on September 7, 2016, and to dispose of the same as expeditiously as possible.
6. The interim order, already, granted shall continue during the pendency of M.A. No.145 of 2015.
7. The writ petition is, thus, disposed of.
8. In view of disposal of this writ petition, the pending interlocutory application does not survive for consideration and is, also, disposed of.
9. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB