Case: M/S Vinedale Distilleries Ltd Vs. Dena Bank

1. These Transfer Petitions have been filed by M/s Vinedale Distilleries Ltd. for transfer of two Original Applications pending before the Debts Recovery Tribunal (hereinafter referred to as `the DRT), Hyderabad, to the DRT, Jhandewalan, Delhi. While O.A. No.29 of 2000 was filed by Dena Bank against the Petitioner Company, S.A. No.157 of 2008 was filed by the Petitioner Company against Dena Bank before the DRT, Hyderabad. The said applications had been made on the basis of an order passed by this Court on 4th January, 2008, in Transfer Petition (C) No.945 of 2006. While allowing the said Transfer Petition and thereby transferring various suits pending between the parties before the Civil Court in Andhra Pradesh to the Delhi High Court, this Court, on consent of the parties, also directed as followsorder to avoid any future confusion, on consent of the parties, any suit which may be filed in future touching upon the control and management of the Company in question, should be filed before the Honble Delhi High Court, which will decide the matters.Having regard to the above direction, the Petitioners herein have prayed that the two above-mentioned matters filed under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as `the DRT Act) and Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Securitization Act), both pending before the DRT, Hyderabad, be transferred to the DRT, Jhandewalan, Delhi.

Reasoning: 6. We have carefully considered the submissions made on behalf of the respective parties, and, although, technically speaking the proceedings before the DRT, Hyderabad, are not covered by the directions contained in the order of 4th January, 2008, due weightage has to be given to the intention of this Court that all matters pertaining to the management of the Petitioner Company should be heard and decided by one Court to avoid conflicting judgments. In fact, that was the very object and purport with which all the pending civil matters in the State of Andhra Pradesh touching the management of the Petitioner Company were directed to be heard by the Delhi High Court exclusively. In keeping with the above intention and purport of the said order, it was only but reasonable that the proceedings before the DRT, Hyderabad, should be transferred to the DRT, Jhandewalan, Delhi, since all the other proceedings relating to the management and control of the Petitioner Company are being heard by the Delhi High Court. Furthermore, it is the Delhi High Court which is the appellate forum against an order of the DRT, Delhi. Therefore, in keeping with the spirit of the directions contained in the order of 4th January, 2008, we are inclined to allow the Transfer Petition filed by M/s Vinedale Distilleries Ltd.