Kamal M Morarka vs Central Bank Of India on 7 March, 2019

[Cites 2, Cited by 1]

Gujarat High Court

Kamal M Morarka vs Central Bank Of India on 7 March, 2019

Equivalent citations: AIRONLINE 2019 GUJ 306

Bench: R.M.Chhaya, S.H.Vora

          C/SCA/11106/2018                                          ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 11106 of 2018
==========================================================
                      KAMAL M MORARKA
                            Versus
              CENTRAL BANK OF INDIA & 4 other(s)
==========================================================
Appearance:
MR AS VAKIL(962) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,3,4
DELETED(20) for the Respondent(s) No. 5
MR SIDDHARTHA SAMAL(3089) for the Respondent(s) No. 2
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 2
==========================================================
 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR.JUSTICE S.H.VORA

                                    Date : 07/03/2019

                                     ORAL ORDER

(PER : HONOURABLE MR.JUSTICE R.M.CHHAYA) Heard Mr.A.S.Vakil, learned counsel for the petitioner and Mr. Siddharth Samal, learned counsel for the respondent No.2 - Canara Bank.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

"(A) To quash paragraphs 12, 14 and 15 of the judgment and order dated 21.12.2017 (Annexure-1) passed by the respondent No.5 Debt Recovery Tribunal I, Ahmedabad, in Transfer Application No.568 of 1995 and to prohibit the respondent No.5 - Debts Recovery Tribunal-I, Ahmedabad from proceeding further with Transfer Application No.568 of 1995;

(B) To quash and set aside all the orders passed on and after 26.12.20117 (Annexure-2 collectively) and particularly the order dated 20.06.2018 by the respondent No.5 - Debts Recovery Tribunal I, Ahmedabad, in Transfer Application No.568 of 1995;

(C) To stay pending the hearing and final disposal of the present Special Civil Application, further Page 1 of 3 C/SCA/11106/2018 ORDER proceedings of Transfer Application No.568 of 1995 pending before the respondent No.5 Debts Recovery Tribunal -I, Ahmedabad;

(D) To pass such other and further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the cases;

(E) To provide for the costs of the present Special Civil Application.

3. The Division Bench of this Court (Coram : Hon'ble Ms.Justice Harsha Devani & Hon'ble Mr. Justice A.S.Supehia) vide order dated 19.07.2018 passed the following order :

"Leave to delete respondent No.5 from the array of respondents.

Heard Mr. A.S.Vakil, the learned advocate for the petitioner.

Issue notice to the respondent No.2 only returnable on 7.8.2018.

By way of ad-interim relief further proceedings of Transfer Application No.568 of 1995 pending before the Debt Recovery TribunalI, Ahmedabad are hereby stayed.

Direct service is permitted."

4. Following the ratio laid down by the Apex Court in the case of Authorized Officer, State Bank of Travancore & Anr. Vs. Mathew K.C., reported in (2018) 3 SCC 85, as the alternative efficacious remedy by way of an appeal is available to the petitioner, present petition is not entertained on merits. It deserves to be noted that after the order dated 20.06.2018 passed by Debts Recovery Tribunal-I, Ahmedabad, in Transfer Application No.568 of 1995, present petition was filed and lodged before this Court on 16.07.2018 and 18.07.2018 respectively and it is pending since then and it is being disposed of today by this order.

5. In peculiar facts and circumstances of the case, if any appeal challenging the impugned order is filed on, or before, 30th March, 2019, the Tribunal shall treat such appeal challenging the impugned order as if it is within time. The petitioner is at liberty to file application for stay before Page 2 of 3 C/SCA/11106/2018 ORDER the Tribunal, which shall be heard, as expeditiously as possible, and ad-interim relief granted by this Court shall continue till the stay application is heard by the Tribunal. As the petition is not maintainable only on the ground of availability of alternative remedy, this Court has not expressed any opinion on merits. The aforesaid arrangement is with consent of Mr. Siddharth Samal, learned counsel for respondent No.2 - Canara Bank.

With the aforesaid observations and directions, present petition stands disposed of. Direct Service is permitted.

(R.M.CHHAYA, J) (S.H.VORA, J) SUCHIT Page 3 of 3

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