Icici Bank Ltd. v. Vishal Kansal And ORS.

$~38 & 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10369/2019 ICICI BANK LTD.

..... Petitioner Through:

Mr. Puntik Bhalla and Mr. Nilansh Bijlani, Advocates.

versus VISHAL KANSAL AND ORS.

..... Respondents Through:

None.

+ W.P.(C) 10372/2019 M/S ICICI BANK LIMITED ..... Petitioner Through:

Mr. Puntik Bhalla and Mr. Nilansh Bijlani, Advocates.

versus DEEPAK SHARMA AND ORS.

..... Respondents Through:

None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 04.12.2019

1. 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 being a decision dated 26th October, 2018 in Writ Petition (Civil) 11477/2018 (ICICI Bank Ltd. v. Manjeet Kumar Singh) and 20th November, 2018 in Writ Petition (Civil) No.12415/2018 (HDFC Bank Ltd. v. Faim Khan and Ors.).

2. 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 impugned orders of the DRT dated 26th September, 2018 which is challenged in Writ Petition 10369/2019 and the decision dated 17th September, 2018 which is challenged in Writ Petition (Civil) 10372/2019 are hereby set aside. The respective OAs 445/2018 (ICICI Bank v. Vishal Kansal) and 724/2016 (ICICI Bank v. Deepak Sharma) will stand restored to the files of the DRT-III, Delhi to be proceeded with, in accordance with law. Both the applications be listed for directions before the DRT-III on 23rd December, 2019.

3. The petitions are disposed of in the above terms. S.MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 04, 2019 pa