IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.1137 OF 2019 (GM-DRT) BETWEEN:
ENFORCEMENT DIRECTORATE MUMBAI ZONAL OFFICE, KAISER-E-HIND BUILDING, BALLAL ESTATE, FORT, MUMBAI – 400001, MAHARASHTRA.
NOW REPRESENTED BY ITS ASSISTANT DIRECTOR.
... APPELLANT (BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE) AND:
1. YES BANK LTD., GROUND FLOOR, PRESTIGE OBELISK, MUNICIPAL NO.3, KASTURBA ROAD, BENGALURU-560 001.
REPRESENTED BY ITS AUTHORISED SIGNATORY MR. RITESH JAIN REGISTERED OFFICE AT:
NEHRU CENTRE 9TH FLOOR, DISCOVERY OF INDIA DR. ANNIE BESANT ROAD, WORLI, MUMBAI-400 018.
2. RECOVERY OFFICER-1, DEBTS RECOVERY TRIBUNAL-2, BENGALURU.
4 HAYES ROAD, SHANTHALA NAGAR RICHMOND TOWN, BENGALURU-560 025. KARNATAKA.
3. STATE BANK OF INDIA, HAVING CORPORATE CENTRE AT STATE BANK BHAVAN MADAME CAMA ROAD, NARIMAN POINT, MUMBAI-400 021.
REPRESNTED BY ITS MANAGING DIRECTOR AND HAVING ITS INDUSTRIAL FINANCE BRANCH AT NO.61, RESIDENCY PLAZA, RESIDENCY ROAD, BENGALURU-560 025.
4. BANK OF BARODA, HAVING ITS HEAD OFFICE AT STAR HOUSE C-5, G BLOCK BANDRA KURLA COMPLEX, MUMBAI-400051.
REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS LARGE CORPORATE BRANCH AT GROUND FLOOR, ORIENTAL BUILDING 364, D.N. FORT, MUMBAI-400001.
5. CORPORATE BANK, HAVING ITS CORPORATE OFFICE AT MANGALADEVI TEMPLE ROAD, PANDESHWAR MANGALORE-575001. REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS INDUSTRIAL FINANCE BRANCH AT RALLARAM MEMORIAL BUILDING, 1ST FLOOR, CSI COMPOUND, MISSION ROAD, BENGALURU-560027.
6. THE FEDERAL BANK LIMITED, HAVING ITS REGISTERED OFFICE AT FEDERAL TOWERS, ALUVA-683101, KERALA.
HAVING ITS BRANCH OFFICE AT ST. MARKS ROAD, 9, HALCYON COMPLEX, ST. MARKS ROAD, BENGALURU-560001. REPRESENTED BY MANAGING DIRECTOR.
7. IDBI BANK LTD., HAVING HEAD OFFICE AT IDBI TOWER, WTC COMPLEX, CUFFE PARADE MUMBAI-400 005. MAHARASHTRA, INDIA. REPRESENTED BY ITS MANAGING DIRECTOR BRANCH OFFICE AT CORPORATE BANKING GROUP FAMG, 9TH FLOOR IDBI TOWERS, WTC COMPLEX, CUFFE PARADE COLABAM, MUMBAI-400 005.
8. INDIAN OVERSEAS BANK, HAVING ITS CENTRAL OFFICE AT 763 ANNA SALAI, CHENNAI-600 002, AND ITS BRANCH OFFICE AT HARIKRIPA 26-A, S.V. ROAD, SANTACRUZ (W), MUMBAI-400 054.
REPRESENTED BY MANAGING DIRECTOR, 9. JAMMU & KASHMIR BANK LIMITED, HAVING ITS REGISTRED OFFICE AT CORPORATE HEADQUARTER, MAULANA AZAD ROAD, SRINAGAR KASHMIR-190 001.
AND ITS BRANCH OFFICE AT SYED HOUSE, 124 S.V. SAVARKARMARG MAHIM (WEST), MUMBAI-400 016 REPRESENTED BY MANAGING DIRECTOR, 10. PUNJAB & SIND BANK HAVING ITS HEAD OFFICE AT 21, RAJENDRA PALACE, NEW DELHI-110 008. ACTING THROGH ITS CORPORATE BRANCH AT J. K. SOMANI BUILDING, BRITISH HOTEL LANE FORE, MUMBAI-400 023.
REPRESENTED BY MANAGING DIRECTOR, 11. PUNJAB NATIONAL BANK, HAVING ITS HEAD OFFICE AT 7, BHIKAJI CAMA PALACE, NEW DELHI-110 607. ACTING THROUGH ITS CORPORATE BRANCH AT CENTENARY BUILDING, 28, M.G. ROAD, BENGALURU-560 001.
REPRESENTED BY MANAGING DIRECTOR, 12. UCO BANK HAVING ITS HEAD OFFICE AT 10, BTM SARANI, KOLKATA -700001. WEST BENGAL INDIA, BRANCH OFFICE AT 1ST FLOOR 13/22, K G ROAD, BANGALORE-560009.
REPRESENTED BY MANAGING DIRECTOR, 13. UNITED BANK OF INDIA, HAVING HEAD OFFICE AT 11, HEMANT BASU SARANI KOLKATA-700001. WEST BENGAL, BRANCH OFFICE 40, K G ROAD, BENGALURU-560 001.
REPRESENTED BY MANAGING DIRECTOR, 14. JM FINANCIAL ASSETS RECONSTRUCTION COMPANY PRIVATE LIMITED REGISTERED OFFICE AT 7TH FLOOR, CNERGY APPASAHEB MARATHE MARG PRABHADEVI, MUMBAI-400025.
... RESPONDENTS (BY SRI. GANAPATHI HEGDE, ADVOCATE FOR C/R3 & R14; SMT. POORNIMA HATTI AND SRI. HARISH B.N., ADVOCATES FOR R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 27/02/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.36447/2018 [GM- DRT] BY CALLING FOR RECORDS OF THE SAID PROCEEDINGS AND PASS SUCH OTHER ORDER AS THIS HON'BLE COURT DEEMS FIT TO GRANT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The objection of the learned counsel appearing for the appellant is to the following portion of the paragraph 7 of the impugned order :
“Para 7 – Chart 1 and 2 of Exhibit-E undoubtedly mentions the name of the UBHL. However, it is pertinent to mention that the Special Court under the Act has passed an order directing attachment of the movable properties i.e., the freezed and pledged shares described in Chart 1 and 2 of Exhibit – E belonging to accused – Mr. Vijay Mallya. Admittedly, Mr. Vijay Mallya is no way concerned with the UBHL. Thus, it is evident that the subject matter of the proceeding under the Act as well as the proceeding before the Recovery Officer is different.”
2. The learned Single Judge has specifically recorded that admittedly, Mr. Vijay Mallya is nowhere concerned with UBHL. As the learned Single Judge has used the word ‘admittedly’, it appears that the parties before the learned Single Judge accepted the factual position. As the contention of the learned counsel appearing for the appellant is that the appellant never accepted that Mr. Vijay Mallya is nowhere concerned with UBHL, the only remedy for the appellant is to take out appropriate proceedings before the learned Single Judge for necessary clarification. The appeal Court cannot decide whether any such admission was made by the parties to the petition before the learned Single Judge.
3. We, therefore, decline to entertain this appeal and the same is disposed of with a liberty to the petitioner to file an appropriate application before the learned Single Judge.
4. All the contentions of the parties on merits are kept open.
Pending applications are disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE snc