E Tech Solutions Private Limited & ... vs Indian Overseas Bank

Citation : 2017 Latest Caselaw 3149 Del
Judgement Date : 10 July, 2017

Delhi High Court
E Tech Solutions Private Limited & ... vs Indian Overseas Bank on 10 July, 2017
$~2, 12 and 13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 5571/2017 & CMs 23394-96/2017
       W.P.(C) 5622/2017 & CMs 23546-48/2017
       W.P.(C) 5635/2017 & CMs 23566-68/2017

       E TECH SOLUTIONS PRIVATE LIMITED & ORS .....Petitioners
       TELEREX ETECH PRIVATE LIMITED & ORS ..... Petitioners
       RAJEN MATA AND & ANR                          ...... Petitioners
                     Through : Mr. Anshuj Dhingra with
                     Mr. Gaurav Gupta, Advocates

                             versus

       INDIAN OVERSEAS BANK                      ..... Respondent
                    Through : Ms. Asmita Kumar, Advocate
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MS. JUSTICE DEEPA SHARMA
                    ORDER

% 10.07.2017

1. The present petitions have been filed by the petitioners assailing the orders dated 4.3.2017 passed by the Debt Recovery Tribunal (in short 'the DRT') dismissing their applications under Section 22(e) of the Recovery of Debits Due to Banks and Financial Institutions Act, 1993, for seeking review of the earlier orders dated 8.5.2015, passed by the DRT in OA No.160/2012, OA No.207/2012 and OM 164/2012 instituted by the respondent/Bank against them.

2. It has been enquired from learned counsel for the petitioners as to how would the present petitions be maintainable when the petitioners have a statutory remedy of filing an appeal before the Debt Recovery Appellate W.P.(C) 5571/2017, W.P.(C) 5622/2017 & W.P.(C) 5635/2017 Page 1 of 2 Tribunal (in short 'the DRAT').

3. After addressing arguments for some time, learned counsel for the petitioners seeks leave to withdraw the present petitions, while reserving the right of the petitioners to approach the DRAT for appropriate relief.

4. Leave, as prayed for, is granted. The petitions are dismissed as withdrawn, along with the pending applications.

HIMA KOHLI, J DEEPA SHARMA, J JULY 10, 2017 sk/ap W.P.(C) 5571/2017, W.P.(C) 5622/2017 & W.P.(C) 5635/2017 Page 2 of 2