IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19456 OF 2016 (GM-DRT) BETWEEN:
DR. VIJAY MALLYA S/O LATE VITTAL MALLYA AGED ABOUT 60 YEARS NO.3, VITTAL MALLYA ROAD BENGALURU 560001 REP. BY HIS POWER OF ATTORNEY HOLDER MS. TUSHITA PATEL.
(By Mr. RAJENDRA M.S. ADV., FOR Mr. VIVEK HOLLA, ADV.,) AND:
1. STATE BANK OF INDIA … PETITIONER A BANKING CORPORATION CONSTITUTED UNDER THE STATE BANK OF INDIA ACT, 1955 (23 OF 1955) HAVING ITS CORPORATE CENTRA AT STATE BANK BHAVAN MADAME CAMA ROAD NARIMAN POINT, MUMBAI 400021. AND HAVING ITS INDUSTRIAL FINANCE BRANCH AT 61 RESIDENCY PLAZA, RESIDENCY ROAD BENGALURU 560025.
2. AXIS BANK LIMITED A COMPANY INCORPORATED UNDER THE COMPAINES 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, PANDURANG BUDHAKAR MARG WORLI, MUMBAI 400 025.
3. BANK OF BARODA A BODY CORPORATE UNDER THE BANKING COMPANIES (ACQUISTION AND TRANSFER OF UNDERTAKING) ACT, 1970 HAVING ITS HEAD OFFICE AT BARODA HOUSE P.B. NO. 506, MANDAVI, VADODARA 396006. ACTING THROUDH ITS BRANCH OFFICE AT P.O. BOX 11745. SAMATA BUILDING GENERAL BHOSALE MARG, NARIMAN POINT MUMBAI 400021.
4. BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISTION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 AND HIVING 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 400001.
5. CENTRAL BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF 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 CHANDRAMUHI GROUND FLOOR NARIMAN POINT, MUMBAI 560021.
6. CORPORATION BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 (40 OF 1980) AND HAVING ITS CORPORATE OFFICE AT MANGALADEVI TEMPLE ROAD, PANDESHWAR MANGALORE 575001.
AND HAVING ITS INDUSTRIAL FINANCE BRANCH AT RALLARAM MEMORIAL BUILDING 1ST FLOOR, CSI COMPOUND, MISSION ROAD BENGALURU 560027.
7. THE FEDERATION BANK LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT FEDERAL TOWERS ALUVA 683101, KERALA.
AND HAVING ITS BRANCH OFFICE AT ST. MARKS ROAD, 9, HALCYON COMPLEX ST. MARKS ROAD, BENGALURU 560001.
8. IDBI BANK LIMITED A COMPANY INCORPORATED UNDER THE CAMPANIES 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 COMPLES 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.
AND ITS BRANCH OFFICE AT "HARIKRIPA" 26-A, S.V. ROAD, SANTACRUZ (W) MUMBAI 400054.
10. JAMMU & KASHMIR BANK LIMITED A BANKING COMPANY INCORPORATED UNDER THE PROVISIONS OF THE JAMMU AND 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. PANJAB & 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 110008 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 (ACQUISTION 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 BUIDING 28, M.G. ROAD, BANGALORE 560001.
13. STATE BANK OF MYSORE A BODY CORPORATE CONSTITUTED UNDER THE STATE BANK OF INDIA (SUBSIDIARY BANKS) ACT, 1959 HAVING ITS HEAD OFFICE AT KEMPE GOWDA ROAD BENGALURU 560009.
AND ITS CORPORATE ACCOUNTS BRANCH AT NO. 18, RAMANASHREE ARCADE M.G. ROAD, BENGALURU 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 560009.
15. UNITED BANK OF INDIA A BODY CORPORATE UNDER THE BANING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970 (5 OF 1970) AND HAVING ITS HEAD OFFICE AT 11 HEMANTA BASU SARANI, KOLKATA 700001.
ACTING THROUGH ITS BRANCH OFFICE AT 40 K.G. ROAD, BENGALURU 560009.
16. KINGFISHER AIRLINES LIMITED A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UB TOWER LEVEL 12, UB CITY, 24, VITTAL MALLYA ROAD BENGALURU 560001.
17. UNITED BREWERIES (HOLDINGS) LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UB TOWER, LEVEL 12, UB CITY, 24 VITTAL MALLYA ROAD, BENGALURU 560001.
18. KINGFISHER FINVEST (INDIA) LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UB TOWER, LEVEL 12, UB CITY VITTAL MALLYA ROAD, BENGALURU 560001.
19. SBICAP TRUSTEE COMPANY LIMITED NO. 8, 5TH FLOOR, KHETAN BHAVAN, 198 JAMSHEDJI TATA ROAD CHURCHGATE, MUMBAI 400020.
20. THE COMMISSIONER OF SERVICE TAX-I CENTRAL EXCISE BUILDING M.K. ROAD, CHURCHGATE MUMBAI 400020.
21. DIAGEO HOLDING NETHERLANDS B V MOLEWERF 12, 1014 BG AMSTERDARQ THE NETHERLANDS.
22. UNIT TRUST OF INDIA INVESTMENT ADVISORY SERVICES LIMITED UNIT NO. 2, BLOCK-B, 1 FLOOR JVPD SCHEME, GUKNOHAR CROSS ROAD NO. 9, ANDHERI (WEST) MUMBAI 400049.
23. STANDARD CHARTERED BANK I BASINGHALL AVENUE LONDON.
24. DIAGEO PLC, LAKESIDE DR LONDON N W 10 7H Q UNITED KINGDOM.
25. UNITED SPIRITS LIMITED # 24, VITTAL MALLYA ROAD BENGALURU 560001.
26. DIAGEO HOLDINGS NETHERLANDS B.V MOLENWERF 12, 1014 BG AMSTERDARQ THE NETHERLANDS.
… RESPONDENTS (By Ms. VISHRUTI VIAJY, ADV., FOR Mr. GEORGE JOSEPH, ADV., FOR C/R1-R15 Ms. MANEESHA KONGOVI, ADV., FOR R24 Ms. PORNIMA HATTI AND Mr. HARISH B.N. ADVS., FOR R21 (ABSENT)) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to set aside the impugned order dated 7-3-2016 passed by the Debt Recovery Tribunal Bangalore in O.A.No.766/2013 on I.A.No.1059/2016 vide Annex-A and to dismiss I.A.No.1059/2016 & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Rajendra M.S., learned counsel for Sri.Vivek Holla, learned counsel the petitioner.
Smt.Vishruti Vijay, learned counsel for Sri.George Joseph, learned counsel for the respondent Nos.1 to 15.
Smt.Maneesha Kongovi, learned counsel for respondent No.24.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for the respondents submits that in this petition, the petitioner has challenged the validity of the order dated 07.03.2016 passed by the Debt Recovery Tribunal in O.A.No.766/2013. It is further submitted that the aforesaid original application itself has been decided on 19.01.2017 and therefore, nothing survives for adjudication in this writ petition.
4. In view of the aforesaid submissions, learned counsel for the petitioner fairly submits that he may be granted liberty to take recourse to such remedy as may be available to him against the order dated 19.01.2017.
5. In view of the aforesaid submissions, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him against the order dated 19.01.2017.
Sd/- JUDGE RV