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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 13 TH DAY OF NOVEMBER, 2013

BEFORE

THE HON’BLE MR. JUSTICE A.S. BOPANNA

W.P.NO.38870/2013 & W.P.NOS.39048-39052/2013 & W.P.NO.39053/2013 (GM-DRT)

BETWEEN:

1. STATE BANK OF INDIA A BANKING CORPORATION CONSTITUTED UNDER THE STATE BANK OF INDIA ACT 1955 (23 OF 1955), HAVING ITS CORPORATE CENTRE AT STATE BANK BHAVAN MADAME CAMA ROAD NARIMAN POINT, -400 021

AND HAVING ITS INDUSTRIAL FINANCE BRANCH AT 61, RESIDENCY PLAZA RESIDENCY ROAD BENGALURU 580 025

2. AXIS BANK LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND A BANKING COMPANY WITHIN THE MEANING OF SECTION 5 (C) OF THE BANKING REGULATION ACT, 1949 AND HAVING ITS REGISTERED OFFICE AT TRISHUL, THIRD FLOOR, OPP. SAMARTHESWAR TEMPLE, LAW GARDEN, ELLISBRIDGE, AHMEDABAD 380006 GUJARAT, INDIA

AND HAVING ITS CORPORATE OFFICE AT AXIS HOUSE, C-2, WADIA INTERNATIONAL CENTRE,

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PANDURANG BUDHKAR MARGE, WORLI, MUMBAI-400 025

3. BANK OF BARODA A BODY CORPORATE UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 (5 OF 1970) HAVING ITS HEAD OFFICE AT BARODA HOUSE, P.B. NO.506, MANDAVI, VADODARA- 396006

ACTING THROUGH ITS BRANCH OFFICE AT P.O. BOX 11745, SAMATA BUILDING, GENERAL BHOSALE MARG, NARIMAN POINT, MUMBAI-400 021

4. BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970 AND HAVING ITS HEAD OFFICE AT STAR HOUSE C-5, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051

AND HAVING ITS LARGE CORPORATE BRANCH AT GROUND FLOOR, ORIENTAL BUILDING, 364, D.N. ROAD, FORT, MUMBAI-400 001

5. CENTRAL BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANFER UNDERTAKINGS) ACT, 1980 AND HAVING ITS CORPORATE OFFICE AT CHANDRAMUKHI, NARIMAN POINT MUMBAI 560021

AND HAVING ITS CORPORATE FINANCE BRANCH (EARLIER KNOWN AS INDUSTRIAL FINANCE BRANCH) AT CHANDRAMUKHI, GROUND FLOOR, NARIMAN POINT, MUMBAI-560 021

6. CORPORATION BANK A BODY CORPORATE UNDER THE

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BANKING COMPANIES (ACQUISITION AND TRANSFER UNDERTAKINGS) ACT, 1980 (40 OF 1980) HAVING ITS CORPORATE OFFICE AT MANGALADEVI TEMPLE ROAD, PANDESHWAR, 575001

AND HAVING ITS INDUSTRIAL FINANCE BRANCH AT RALLARAM MEMORIAL BLDG., 1ST FLOOR, CSI COMPOUND, MISSION ROAD, BENGALURU 560027

7. THE FEDERAL BANK LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956 HAVING ITS REGISTRED OFFICE AT FEDERAL TOWERS, ALUVA- 683101, KERALA

AND HAVING ITS BRANCH OFFICE AT ST. MARKS ROAD, 9, HALCYON COMPLEX, ST. MARKS ROAD, BANGALORE-560 001

8. IDBI BANK LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND A BANKING COMPANY WITHIN THE MEANING OF THE BANKING REGULATION ACT, 1949 HAVING ITS HEAD OFFICE AT IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI- 400005 MAHARASHTRA, INDIA

AND ACTING THROUGH ITS BRANCH OFFICE AT CORPORATE BANKING GROUP-FAMG 9TH FLOOR, IDBI TOWER, WTC COMPLEX, CUFFE PARADE, COLABA, MUMBAI 400005

9. INDIAN OVERSEAS BANK A BODY CORPORATE UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1970 HAVING ITS CENTRAL OFFICE AT 763, ANNA SALAI, CHENNAI 600002

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AND ITS BRANCH OFFICE AT "HARIKRIPA" 26-A, S.V. ROAD, SANTACRUZ (W), MUMBAI-400 054

10. JAMMU AND KASHMIR BANK LIMITED A BANKING COMPANY INCORPORATED UNDER THE PROVISIONS OF THE JAMMU & KASHMIR COMPANIES ACT NO.XI OF 1977 (SAMVAT) HAVING ITS REGISTERED OFFICE AT CORPORATE HEADQUARTER, MAULANA AZAD ROAD, SRINAGAR, KASHMIR 190001

AND ITS BRANCH OFFICE AT SYED HOUSE, 124 S.V. SAVARKAR MARG, MAHIM (WEST) MUMBAI -400016

11. PUNJAB & SIND BANK A BODY CORPORATE UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1980 HAVING ITS HEAD OFFICE AT 21, RAJENDRA PLACE, NEW DELHI-110 008

AND HAVING AMONGST OTHERS, A BRANCH OFFICE AT J.K. SOMANI BUILDING, BRITISH HOTEL LANE, FORT, MUMBAI 400023

12. PUNJAB NATIONAL BANK A BODY CORPORATE UNDER THE BANKING COMPANIES (ACQUISTIION AND TRANSFER OF UNDERTAKING) ACT, 1970 (5 OF 1970) HAVING ITS HEAD OFFICE AT 7, BHIKAJI CAMA PLACE, NEW DELHI 110607

ACTING THROUGH ITS LARGE CORPORATE BRANCH AT CENTENARY BUILDING 28, M.G. ROAD, BENGALURU-560 001

13. STATE BANK OF MYSORE A BODY CORPORATE CONSTITUTED UNDER THE STATE BANK OF INDIA, (SUBSIDIARY BANKS) ACT, 1959

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HAVING ITS HEAD OFFICE AT KEMPE GOWDA ROAD, BENGALURU 56009

AND ITS CORPORATE ACCOUNTS BRANCH AT NO.18, RAMANASHREE ARCADE M.G. ROAD, BANGALORE 560001

14. UCO BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970 AND HAVING ITS HEAD OFFICE AT 10, BTM SARANI KOLKATA 700001 WEST BENGAL, INDIA.

AND ITS BRANCH OFFICE AT 1ST FLOOR, 13/22, K.G. ROAD, BENGALURU-560 009

15. UNITED BANK OF INDIA A BODY CORPORATE UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970 (5 OF 1970) HAVING ITS HEAD OFFICE AT 11, HEMANTA BASU SARANI KOLKATA 700001

ACTING THROUGH ITS BRANCH OFFICE AT 40, K.G. ROAD, BENGALURU- 560009

PETITIONERS NOS. 1 TO 15 REP. BY MR. S. RANGA VITTAL, AGED ABOUT 50 YEARS, S/O MR. C.N. SRINIVASAN ASSISTANT GENERAL MANAGER & RELATIONSHIP MANAGER-AMT IV (SMG-V) STATE BANK OF INDIA, HAVING ITS INDUSTRIAL FINANCE BRANCH AT 61, RESIDENCY PLAZA, RESIDENCY ROAD, BENGALURU-580 025 ... PETITIONERS

(BY SRI NAGANAND, SR. ADV. FOR SRI GEORGE JOSEPH & SRI RAYAPPA Y HADAGALI)

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AND:

1. AIRLINES LIMITED A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 & HAVING ITS REGISTERED OFFICE AT UB TOWER, LEVEL 12, UB CITY, 24, ROAD, BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR

2. UNITED BREWERIES (HOLDINGS) LIMTIED A PUBLIC COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT UB TOWER, LEVEL 12, UB CITY-24, VITTAL MALLYA ROAD, BENGALURU 560001 KARNATAKA, INDIA REP. BY ITS MANAGING DIRECTOR

3. DR. VIJAY MALLYA S/O LATE SRI VITTAL MALLYA MAJOR AND RESIDING AT 3, VITTAL MALLYA ROAD, BENGALURU 560001 KARNATAKA, INDIA

4. KINGFISHER FINVEST (INDIA) LTD UB TOWER,LEVEL 12, UB CITY, 24, VITTAL MALLYA ROAD, BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR

5. SBICAP TRUSTEE COMPANY LTD NO.8, 5TH FLOOR, KHETAN BHAVAN, 198 JAMSHEDJI TATA ROAD, CHURCHGATE, MUMBAI-400 020 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS

(BY SRI UDAYA HOLLA, SR. ADV. & SRI M.S. RAJENDRA, ADV. FOR R2 SRI RAJESH, D.M., ADV. FOR R1 SRI VIVEK, HOLLA, ADV. FOR R3 & 4 R5 SERVED & UNREPRESENTED)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE DEBT RECOVERY TRIBUNAL TO HEAR AND DISPOSE OF THE INTERLOCUTORY APPLICATIONS FILED BY THE PETITIONERS IN O.A. NO.766/2013 I.E. I.A. NO.2593/2013 TO 2598/2013 & I.A. NO.3034/2013 EXPEDITIOUSLY.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

Though these petitions are listed for considering applications in IA.Nos.1 and 2 of 2013, whereby the petitioners have sought for directions, the petitions are taken up for disposal.

2. Having heard the learned Senior counsel representing the parties, I have adverted to the prayers made in the instant petitions, which reads as hereunder:

a. Issue a writ in the nature of Mandamus, directing the Hon’ble Debts Recovery Tribunal to hear and dispose of the Interlocutory Applications filed by the Petitioners in O.A.No.766/2013 i.e. I.A.No.2593/2013 to 2598/2013 & I.A.No.3034/2013 expeditiously;

b. Grant such other reliefs as this Hon’ble Court deems fit, in the facts and

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circumstances of the case as well as in the interest of justice and equity.”

3. The averments made in the petitions in justification of the said prayers would refer to the situation where the petitioners have filed the applications as denoted in the prayer column before the Debts

Recovery Tribunal wherein O.A.No.766/2013 filed by the petitioners is pending consideration. By the said application, the petitioners have sought for certain interim directions against respondents No.1 to 3. The

Debts Recovery Tribunal had neither considered the application on its merits nor had granted any ad-interim relief pending consideration of the application. It is in that circumstance, the petitioners are before this Court.

4. This Court while directing notice to the respondents on 03.09.2013 on taking note of the submission made by the learned Senior counsel for the petitioners had passed the ad-interim order in aid of the final consideration of the application which had been filed before the Debts Recovery Tribunal which was pending

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consideration. At this juncture, since in any event this

Court is of the view that the said application would have to be considered and disposed of one way or the other in accordance with law by the Debts Recovery Tribunal, certainly if no ad-interim protection is granted to the petitioners, the right of the petitioners would be defeated.

In that view, the interim order dated 03.09.2013 passed herein is confirmed to enure to the benefit of the petitioners till the applications denoted in the prayer column of the instant petitions are considered and disposed of by the Debts Recovery Tribunal. The Debts

Recovery Tribunal may fix its own time frame for disposal of the applications which shall be in a expeditious manner. The submission of the learned senior counsel for the petitioners relating to directions sought in IA. Nos. 1 and 2 of 2013 filed herein in such circumstance would not arise for consideration before this Court and if the grievance of the petitioners still survives to press the prayers in the said applications, it would be open for the petitioners to file such application before the Debts

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Recovery Tribunal which would be considered on its merits and in accordance with law.

In terms of the above, these petitions stand disposed of. In view of disposal of the petitions, application in IA.Nos.1 and 2/2013 also stands disposed of.

Sd/- JUDGE

ST/bms