M/S Icici Bank Limited v. Anand Prakash Jain

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13221/2019 M/S. ICICI BANK LIMITED ..... Petitioner Through:

Mr. Punit K. Bhalla and Ms. Chetna Bhalla, Advocates.

versus ANAND PRAKASH JAIN ..... Respondent Through:

None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 16.12.2019 C.M. APPL. 53794/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 13221/2019

2. Learned counsel for the Petitioner states that the issue of jurisdiction of the DRT to entertain the applications of the Petitioner ICICI Bank Ltd. stands concluded by two decisions of this Court. The first is a decision dated 26th October, 2018 in W.P.(C) 11477/2018 (ICICI Bank Ltd. v. Manjeet Kumar Singh) and the second is the decision dated 20th November, 2018 in W.P.(C) 12415/2018 (M/s. HDFC Bank Ltd. v. Faim Khan).

3. The Court is of the view that the DRT should once again examine the issue of jurisdiction in light of the above decisions. Accordingly, the W.P.(C) 13221/2019 Page 1 of 2

impugned orders of the DRT dated 12th September, 2018 is hereby set aside. O.A. No. 257/2015 (ICICI Bank Ltd. v. Anand Prakash Jain) will stand restored to the files of the DRT-III, Delhi to be proceeded with in accordance with law. The application be listed for directions before the DRT-III on 23rd December, 2019.

4. The petition is disposed of in the above terms. S.MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 16, 2019 pa W.P.(C) 13221/2019 Page 2 of 2