S.I. Chopra v. Idbi Bank

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2372/2019 S.I. CHOPRA ..... Petitioner Through:

Mr. Rajiv Bansal, Sr. Adv. with Mr.Vishal Gera, Ms. Parul & Ms.

Vaishali Rawat, Advs.

versus IDBI BANK ..... Respondent Through:

Panel Lawyer.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 08.03.2019 CM APPL. No. 11064/2019 (for exemption) Allowed, subject to just exceptions.

Application stands disposed of.

W.P.(C) No. 2372/2019 The petitioner seeks de-freezing of savings bank account No. 0010104000345293 and current bank account No. 0142012034800 along with attached bank deposits held by the petitioner with the respondent/IDBI. 2.

It is the petitioner's contention that he has filed IA No. 945/2016 in OA NO. 275/1999 before the Debts Recovery Tribunal, New Delhi, seeking the same relief; which application however has not been taken-up or decided since September 2016.

3.

The petitioner has filed copies of certain orders made by the DRT which show inter-alia that IA No. 945/2016 was moved on 20.09.2016,

whereafter it was listed from time to time, until 04.11.2016, on which date it was ordered that the said application would be posted for reply and hearing as 'last chance' on 18.11.2016.

The orders filed show that thereafter there appears to be no reference of/to the said application in the proceedings. 4.

Mr. Bansal, learned senior counsel for the petitioner states that the matter is listed next before the DRT on 19.03.2019. However, he apprehends that most likely on 19.03.2019 again the said application may not be taken-up or decided.

5.

The prayer made in this petition is exactly the same as the prayer in IA No. 945/2016, which is stated to be pending before the DRT. 6.

Learned Panel Lawyer for respondent/IDBI appears on advance copy. 7.

In view of the foregoing, I consider it appropriate to dispose of the present petition with a direction to the respondent and the petitioner to co-operate in the disposal of IA No. 945/2016; and with a request to the DRT to take-up the said application and dispose of the same at the earliest, and in any event, before commencing final hearing in the matter. 8.

The present petition is disposed of in the above terms. ANUP JAIRAM BHAMBHANI, J.

MARCH 08, 2019/uj