Dhanlaxmi Bank Limited vs Union Of India & Ors.
2015 Latest Caselaw 3671 Del

$~29
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 4484/2015
       DHANLAXMI BANK LIMITED                  ..... Petitioner
                   Through: Mr T.K. Goon, Adv.

                            versus

       UNION OF INDIA & ORS.                        ..... Respondents
                     Through: Mr Aakash Kumar, CGSC with Ms
                     Divya Jain, Adv. for R-1.
                     Mr Anand Misra & Mr Shailabh Tiwari, Advs. for
                     R-3.
                     Ms Sonali Jaitley & Mr Rajat Jain, Advs. for R-4.

       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER

                       ORDER

% 06.05.2015

CM No. 8112/2015 (Exemption)

1. Allowed subject to just exceptions.

WP(C) 4484/2015 & CM No. 8113/2015 (Stay)

2. Issue notice.

3. Mr Aakash Kumar accepts notice on behalf of respondent no.1. Mr Anand Mishra accepts notice on behalf of respondent no.3, while Ms Sonali Jaitley accepts notice on behalf of respondent no.4. In view of the order that I propose to pass, for the moment, no notice is required to be issued to respondent no.5. In so far as respondent no.2 is concerned, it is the authority which has passed the order-in-original.

4. In a connected petition, i.e., WP(C) No. 1641/2015, an order has been passed whereby the writ petition has been disposed of on certain directions. The captioned writ petition assails the very same order of respondent no.2, i.e., 12.01.2015, which has been passed by respondent no.2 and has been assailed in WP(C) No. 1641/2015.

5. Accordingly the captioned petition is disposed of with the following directions:

(i) The petitioner will furnish a bank guarantee in the sum of Rs. 18 lacs in favour of Registrar General of this court, within one week from today.

(ii) Based on the assurance of the counsel for the petitioner that the needful will be done, the impugned order will remain stayed. This protection shall operate till the disposal of the appeal.

(iii) The appeal filed by the petitioner with the Cyber Appellate Tribunal (in short the Tribunal) will be prosecuted. The bank guarantee furnished with the Registrar General of this court, will abide by the orders of the Tribunal.

(iv) Respondent no.3, will have the liberty to take recourse to the money reflected in the bank guarantee, which the petitioner will furnish, by moving an appropriate application before the Tribunal. In case the Tribunal is not made functional within a reasonable period of time, respondent no.3 will have the liberty to approach this court to take recourse to bank guarantee, which the petitioner is required to furnish as per clause (i) above.

(v) In case respondent no.3 either does make an endeavour for release of the money as reflected by the bank guarantee in issue or is unsuccessful in such an attempt, the petitioner will keep the bank guarantee alive till its

appeal is disposed of by the Tribunal and for a period of three weeks thereafter.

6. With the aforesaid directions the writ petition and the application are disposed of.

7. List before the Registrar General on 22.05.2015, for compliance.

RAJIV SHAKDHER, J MAY 06, 2015 kk