Axis Bank Ltd vs Dinesh Sukumaran And Ors

P.K. Bhasin, J

Counsel for the appellant Bank states that pursuant to the proceedings recorded in the present appeal on 11.7.2018 physical possession of 8 flats, out of 9 in question, has been handed over by the builder to the authorised representative of the Bank on 14.7.2018. Today, Counsel for the builder has submitted that since a question of territorial jurisdiction is not a simple question of law but it is a mixed question of fact and law which could be determined by the learned DRT only after defendants in the O.A. had entered appearance and taken a stand regarding lack of territorial jurisdiction as far as Delhi DRT is concerned.

Learned Counsel has also submitted that now that builder has entered appearance in the present proceedings this Tribunal can remand back the matter to the DRT after setting aside the impugned order and the builder will appear before the DRT and file its written statement taking whatever factual and legal pleas which it may decide to take and then it will be for the DRT to take any appropriate decision. He has also agreed that the flats, possession whereof the Bank has taken pursuant to the proceedings held in the present appeal, will continue to be retained by the appellant till appropriate decision is taken by the DRT after considering the pleas of the parties and evidence to be adduced by them.

Learned Counsel for the Bank obviously has no objection for sending back the matter to the DRT.

Accordingly, this appeal is allowed, the impugned order of the DRT is set aside. Now a notice of the Bank's O.A. would stand issued to the defendants in the O.A. out of which builder has accepted notice here itself. On behalf of the builder, whose Director Sh. Sulekh Jain is present in person, has accepted notice. After remand, the learned DRT will issue notice of the O.A. to the Bank's borrowers only. It is needless to state that as far as the question of territorial jurisdiction of Delhi DRT is concerned, if any objection is raised by any party in the O.A. the same shall be decided by the DRT on uninfluenced by the order which today stands set aside.

Counsel for appellant has no objection, in view of the aforesaid development, if the attachment orders passed by this Tribunal in respect of the properties/Bank accounts of the builder are withdrawn stating that in case any need is felt in future for the same relief, appropriate prayer can be made before the DRT. Accordingly, the attachment order passed by this Tribunal on 13.6.2018 qua the builder is revoked.

It is clarified that learned DRT will not consider this order to be an opinion of this Tribunal on the aspect of territorial jurisdiction of the DRT.

Parties shall now appear before the DRT on 3.8.2018 at 2 p.m. for receiving further directions. A copy of this order be given Dasti to the Counsel for both the parties, as requested. The date of 31.7.2018, which was earlier fixed in this appeal, now stands cancelled.