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Ravindra Agarwal & Anr vs Kotak Mahindra Bank on 19 October, 2022

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~37
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 14824/2022
                                     RAVINDRA AGARWAL & ANR.                               ..... Petitioners
                                                         Through:     Mr. Rishi Sood and Mr. Prafull Singh,
                                                                      Advocates.
                                                         versus

                                     KOTAK MAHINDRA BANK                                  ..... Respondent
                                                         Through:     Mr. Kirtiman Singh, CGSC with Ms.
                                                                      Vidhi Jain, Advocate.
                                     CORAM:
                                     HON'BLE MR. JUSTICE NAJMI WAZIRI
                                     HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                       ORDER

% 19.10.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 45566/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed-off.

W.P.(C) 14824/2022

3. The learned counsel for the petitioners submits that all payments have been made to the bank and their title deeds should be released; that this issue is not being addressed by DRT-I, possibly because of the large pendency of cases before the said Tribunal, and only urgent matters of concerning taking-over of physical possession and auction of assets, are being taken up.

4. The case is to be heard by DRT-Allahabad, which holds the additional charge of DRT-I, Delhi.

5. This is yet another case in which the court notices that parties are constrained to approach the High Court because of non-disposal of their applications/petitions; the court is informed that on any given day approximately 80 to 100 cases are listed before the DRT-I, II & III each. The non-functioning of all benches of DRTs in Delhi would be an issue which would need to be addressed duly.

6. The learned counsel for the petitioners submit that the parties whose cases are listed before the non-functional DRT-I are virtually remediless as their cases are not being taken up for disposal for months, and it is causing them immense hardship and prejudice. He submits that apart from the said hardships and grievances of countless parties, the non-functioning of the DRT is only adding to the workload of the only two functional DRTs in Delhi. This needs to be remedied. Under Article 227 of the Constitution of India, this court has the jurisdiction of supervision over Tribunals within the NCT of Delhi.

7. Looking at the facts of the case, the Government of India would be a necessary party and accordingly, the UOI through the Ministry of Finance, Department of Financial Services, is impleaded as R-2 for the aforesaid limited purpose of making DRT-I functional as soon as possible. Let an Amended Memo of Parties be filed within a week

8. Issue notice to the newly impleaded R-2. Mr. Kirtiman Singh, learned CGSC is directed to accept notice. He seeks and is granted time to obtain instructions and file an affidavit within four weeks, apropos remedying the situation.

9. Issue notice to R-1 through ordinary process, Speed Post, approved courier, WhatsApp, Signal, SMS, e-mail, through other viable modes of electronic service, dasti through counsel as well, returnable on 14.11.2022.

NAJMI WAZIRI, J VIKAS MAHAJAN, J OCTOBER 19, 2022 SS Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:20.10.2022 10:08:58