Mr. Nitin Shambhukumar Kasliwal v. Idbi Bank Limited
Case brief
What is this about?
Petitioner sought to withdraw the writ petition. The court disposed of the petition as infructuous.
Petitioner sought to withdraw the writ petition. The court disposed of the petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3349 OF 2017 (GM-DRT)
BETWEEN:
MR. NITIN SHAMBHUKUMAR KASLIWAL S/O. MR. SHAMBHUKUMAR KASLIWAL, AGED ABOUT 56 YEARS, B2 501, MARATHON NEXTGEN, OFF. GANPATRAO KADAM MARG, LOWER PAREL WEST, MUMBAI - 400 013.
…PETITIONER
(BY SMT. BHARGAVI DEV K., ADVOCATE FOR SRI. DEVAIAH I. S., ADVOCATE)
AND:
1 . IDBI BANK LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND A BANKING COMPANY, WITHIN THE MEANING OF SECTION 5 (C) OF UNDER THE BANKING REGULATION ACT, 1949 AND HAVING ITS REGISTERED OFFICE AT IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI-400 005. REPRESENTED BY ITS DEPUTY GENERAL MANAGER AND AUTHORIZED OFFICIAL, MRS. JAYATI CHAKRABORTY.
2 . JM FINANCIAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED, HAVING ITS OFFICE AT 7TH FLOOR, CENERGY, APPA SAHEB, MARTHE MALL, PRABHADEVI, MUMBAI-400 045. REPRESENTED BY ITS SENIOR VICE PRESIDENT AND AUTHORIZED OFFICIAL, MRS. JAYATI CHAKRABORTY.
3 . EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND REGISTERED AS A SECURITIZATION AND ASSET RECONSTRUCTION COMPANY PURSUANT TO SECTION 3 OF
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SARFAESI, AND HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, OFF: CST ROAD, KALINA, MUMBAI-400 098. REPRESENTED BY ITS ASSOCIATE AND AUTHORIZED OFFICIAL, MS. RUCHI SHAH
4 . M/S. ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED (ARCIL) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND A REGISTERED COMPANY PURSUANT TO SECTION 3 OF THE SARFAESI ACT, 2002 HAVING ITS OFFICE AT THE RUBY, 10TH FLOOR, SENAPATHI BAPAT MARG, DADAR (W), MUMBAI-400 028. REPRESENTED BY ITS MANAGER AND AUTHORIZED OFFICIAL, MR. KHEZAR HEYAT KHAN.
5 . PUNJAB NATIONAL BANK A BODY CORPORATE CONSTITUTED BY AND UNDER THE BANKING COMPANIES, (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970, AND HAVING ITS HEAD OFFICE AT PUNJAB NATIONAL BANK, 7, BHIKAJI CAMA PLACE, NEW DELHI-110 607. REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICIAL MR. KAILASH KUMAR BHANDARI.
6 . UNION BANK OF INDIA A BODY CORPORATE CONSTITUTED BY AND UNDER THE BANKING COMPANIES, (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970, AND HAVING ITS HEAD OFFICE AT MUMBAI, AND A BRANCH OFFICE AMONGST OTHER PLACES AT I FLOOR, INDUSTRIAL FINANCE BRANCH, NO.239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400 021. REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICIAL MR. K.KRISHNADAS MENON.
7 . CENTRAL BANK OF INDIA
A BODY CORPORATE CONSTITUTED BY AND UNDER THE BANKING COMPANIES, (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970, AND HAVING ITS HEAD OFFICE AT CHANDER MUKHI, NARIMAN POINT, MUMBAI- 400 021.
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REPRESENTED BY ITS ASSISTANT GENERAL MANAGER AND AUTHORIZED OFFICIAL MR. LAWRENCE PETER.
8 . THE JAMMU & KASHMIR BANK LTD., A BANKING COMPANY INCORPORATED UNDER THE JAMMU & KASHMIR COMPANIES ACT, 1977 (SVT ERA) AND HAVING ITS REGISTERED OFFICE AT MAULANA AZAD ROAD, SRINAGAR, KASHMIR. REPRESENTED BY ITS MANAGER AND AUTHORIZED OFFICIAL, MR. RAKESH KOUL
9 . INDIAN BANK
A BODY CORPORATE CONSTITUTED BY AND UNDER THE BANKING COMPANIES, (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970, AND HAVING ITS HEAD OFFICE AT 254-260, AVVAI SHANMUGAN SALAI, CHENNAI-600 014. REPRESENTED BY ITS ASSISTANT GENERAL MANAGER AND AUTHORIZED OFFICIAL, MR. SEETHARAMA NAIK.
…RESPONDENTS
(BY SRI. T.P.MUTHANNA, ADVOCATE FOR C/R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2016 AT ANNEX-A PASSED BY THE HONBLE DEBTS RECOVERY TRIBUNAL, BENGALURU IN O.A.711/2015; DIRECT THE HONBLE DEBTS RECOVERY TRIBUNAL, BENGALURU TO PERMIT THE PETITIONER / DEFENDANT NO.2 TO FILE HIS WRITTEN STATEMENT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioner submits that he may be permitted to withdraw the petition as having been rendered infructuous.
Placing her submission on record, writ petition stands disposed off as having been infructuous.
Sd/JUDGE
DS
Mr. Nitin Shambhukumhar Kasliwal
IDBI Bank Limited
JM Financial Asset Reconstruction Company Private Limited
Edelweiss Asset Reconstruction Company Ltd.
M/s. Asset Reconstruction Company (India) Limited (ARCIL)
Punjab National Bank
Krishna S.Dixit
As recorded by the court registry
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