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HIGH COURT OF DELHI
W.P.(C) 10327/2016 and^40618/2016 (stay)
•DIVINE INFRACON PRIVATE LIMITED Petitioner
Through Mr. Rajeeve Mehra, Senior Advocate along with Mr. Tushar Roy and
Ms. Suruchi Mittal, Advocates.
W.P.(C) 10327/2016 and^40618/2016 (stay)
•DIVINE INFRACON PRIVATE LIMITED Petitioner
Through Mr. Rajeeve Mehra, Senior Advocate along with Mr. Tushar Roy and
Ms. Suruchi Mittal, Advocates.
VERSUS
PUNJAB NATIONAL BANK AND ORS Respondents
Through Ms. Nishi Chaudhary, Advocate for respondentNo. 1,4,5,6 and 8.
Mr Suresh Dutt Dobhal, Advocate for respondent No. 3.
^ CORAM:
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
29.11.2016 There are several applications in respect of the petitioner under the
Recovery of Debts due to Banks and Financial Institutions Act, 1993 pending before different Benches ofthe Debt Recovery Tribunal, Delhi. We are informed that the following proceedings are pending:
(i) OA No. 181/2015 (Phoenix ARC Private Limited vs. Divine
'I Infracon Private Limited) which is before the Debt Recovery
Tribunal-II, New Delhi;
(ii) OA No. 401/2015 (Phoenix ARC Private Limited vs. Divine
Infracon Private Limited) which is also pending before the Debt
Recovery Tribunal-II, NewDelhi;
(iii) SA No. 162/2015 (Divine Infracon Private Limited vs. Punjab
National Bank& Ors.)which is at the stageoffinal arguments atthe
DebtRecovery Tribunal-I, NewDelhi; and
Through Ms. Nishi Chaudhary, Advocate for respondentNo. 1,4,5,6 and 8.
Mr Suresh Dutt Dobhal, Advocate for respondent No. 3.
^ CORAM:
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
29.11.2016 There are several applications in respect of the petitioner under the
Recovery of Debts due to Banks and Financial Institutions Act, 1993 pending before different Benches ofthe Debt Recovery Tribunal, Delhi. We are informed that the following proceedings are pending:
(i) OA No. 181/2015 (Phoenix ARC Private Limited vs. Divine
'I Infracon Private Limited) which is before the Debt Recovery
Tribunal-II, New Delhi;
(ii) OA No. 401/2015 (Phoenix ARC Private Limited vs. Divine
Infracon Private Limited) which is also pending before the Debt
Recovery Tribunal-II, NewDelhi;
(iii) SA No. 162/2015 (Divine Infracon Private Limited vs. Punjab
National Bank& Ors.)which is at the stageoffinal arguments atthe
DebtRecovery Tribunal-I, NewDelhi; and
W.P.(Q 10327/2016 >°S^
2016:DHC:8866-DB (iii) OA No. 730/2015 (Punjab National Bank & Ors. vs. Divine Infracon
Private Limited &. Ors.) pending before the Debt Recovery Tribunal-
Ill, New Delhi.
It is submitted on behaif.of the petitioner that since the petitioner is party to all the applications and the inter se claims arise out of the same transactions, all the applications may be placed before the same Bench.
Counsel appearing on behalf of the respondents apprehends that transfer of all the proceedings before the same Bench may delay SA NO. 162/2015 which is at the stage of final arguments before the Debt Recovery
Tribunal-I, New Delhi. The other applications which as observed above, relate to the same transactions, are not not being taken up.
After hearing the respective parties, we deem it appropriate to direct that all the above applications be listed before the same Tribunal. It is expedient that the applications being OA No. 181/2015, OA No. 401/2015 and OA No. 730/2015 pending before the Debt Recovery Tribunal-II, New Delhi and Debt Recovery Tribunal-Ill, New Delhi respectively be transferred to Debt Recovery Tribunal-I, New Delhi.
This order is, however, not to be construed as any direction on Debt
Recovery Tribunal-I to analogously hear all the applications. The Tribunal might at its discretion proceed with the matters in such manner as the
Tribunal may deem appropriate. iV.P.(C) 10327/2016 page 2 of3
The writ petition is disposed of accordingly, along with the pending application.
INDIRA BANERJEE, J NOVEMBER 29,2016/^5 SANJEEV SACHDEVA, J w.p.(Q IQ327/20I6 page 3 of3
2016:DHC:8866-DB (iii) OA No. 730/2015 (Punjab National Bank & Ors. vs. Divine Infracon
Private Limited &. Ors.) pending before the Debt Recovery Tribunal-
Ill, New Delhi.
It is submitted on behaif.of the petitioner that since the petitioner is party to all the applications and the inter se claims arise out of the same transactions, all the applications may be placed before the same Bench.
Counsel appearing on behalf of the respondents apprehends that transfer of all the proceedings before the same Bench may delay SA NO. 162/2015 which is at the stage of final arguments before the Debt Recovery
Tribunal-I, New Delhi. The other applications which as observed above, relate to the same transactions, are not not being taken up.
After hearing the respective parties, we deem it appropriate to direct that all the above applications be listed before the same Tribunal. It is expedient that the applications being OA No. 181/2015, OA No. 401/2015 and OA No. 730/2015 pending before the Debt Recovery Tribunal-II, New Delhi and Debt Recovery Tribunal-Ill, New Delhi respectively be transferred to Debt Recovery Tribunal-I, New Delhi.
This order is, however, not to be construed as any direction on Debt
Recovery Tribunal-I to analogously hear all the applications. The Tribunal might at its discretion proceed with the matters in such manner as the
Tribunal may deem appropriate. iV.P.(C) 10327/2016 page 2 of3
The writ petition is disposed of accordingly, along with the pending application.
INDIRA BANERJEE, J NOVEMBER 29,2016/^5 SANJEEV SACHDEVA, J w.p.(Q IQ327/20I6 page 3 of3
JUDGMENT