Neelam Nagpal and Anr v. Syndicate Bank and Ors

rN. vj $-14, 15, 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment dated1^'September,2015 + W.P.(C) 7166/2015& CM.APPL 13137/2015(stay) NEELAM NAGPAL AND ANR. Petitioners Through Mr. Sunil K. Mittal, Mr. Gautam Choubey & Mr. Vipin K. Mittal, Advocate versus SYNDICATEBANKAND ORS. Respondents Through Mr. Karan Khanna, Advocate for Syndicate Bank. Mr. Kirti Uppal, Senior Advocate with Mr. Jatan Singh, Advocate for DRAT Bar Association. Mr. B.S. Nagar, Advocate, President, DRAT Bar Association with Dr. Chaudhary Shamsuddin Khan, Advocate, Mr. S.K. Tyagi, Advocate. Mr. U. N. Singh, Advocate for DRAT Bar Association. Mr. I.S. Chauhan, Advocate for UCO Bank. Mr. Girish Verma, Advocate for State Bank ofBikaner & Jaipur. + W.P.(C)7168/2015& CM.APPL1314a/2015(stay) NEELAM NAGPAL Petitioner Through Mr. Sunil K. Mittal, Mr. Gautam Choubey & Mr. Vipin K. Mittal, Advocate versus SYNDICATEBANKAND ORS. Respondents Through Mr. Karan Khanna, Advocate for W.P.(C) 7166/2015, 7168/2015&7294/2015 Page1of5 Syndicate Bank. Mr. Kirti Uppal, Senior Advocate with Mr. Jatan Singh, Advocate for DRAT Bar Association. Mr. B.S. Nagar, Advocate, President, DRAT Bar Association with Dr. Chaudhary Shamsuddin Khan, Advocate, Mr. S.K. Tyagi, Advocate. Mr. U. N. Singh, Advocate for DRAT Bar Association. Mr. I.S. Chauhan, Advocate for UCO Bank. r-Mr. Girish Verma, Advocate for State Bank of Bikaner & Jaipur. + W.P.(C)7294/2015& CM.APPL13399/2015(stay) NEELAM NAGPAL AND ANR. Petitioners Through Mr. Sunil K. Mittal, Mr. Gautam Choubey & Mr. Vipin K. Mittal, Advocate versus ^ SYNDICATEBANKAND ORS. Respondents ^ Through Mr. KaranKhanna,Advocatefor Syndicate Bank. Mr. Kirti Uppal, Senior Advocate with Mr. Jatan Singh, Advocate for DRAT Bar Association. Mr. B.S. Nagar, Advocate, President, DRAT Bar Association with Dr. Chaudhary Shamsuddin Khan, Advocate, Mr. S.K. Tyagi, Advocate. Mr. U. N. Singh, Advocate for DRAT Bar Association. Mr. I.S. Chauhan, Advocate for UCO Bank. Mr. Girish Verma, Advocate for State W.P.(C) 7166/20IS, 7I68/20IS&7294/2015 Page2ofS r Bank ofBikaner & Jaipur. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI. J {ORAL)

¶1Presentpetitionsarebeingdisposedof bya commonorder.

¶2The appeals filed by the petitionersherein before the Debts Recovery ^ AppellateTribunalwere dismissedindefault.Byan orderdated9.7.2015, ^ the applications were dismissed by a detailed order, in which the AppellateTribunal with a deep sense of anguish and pain narrated the sequenceofeventsheld on 30.6.2015.We are not intendedatthis stageto go into the detailsand the mannerin which the lawyershad behavedbut to say that when the matter was listed before this Court, the following order was passed on 17.8.2015, which reads as under: "Since the neither the petitionersnor their counsel had appeared when the matterswere listed,the appealsfiled were dismissedby the DRAT which led to the filing of the presentwrit petitions. The stand of the petitioners is that they were prevented from appearing on account of call given by the Bar Association for abstinence of work. We had issuednotice to the Presidentand Secretary,Debts Recovery TribunalBarAssociation(DRTBA)to remainpresentin the Court. We have taken up the matter in Chamber. The President DRTBA on behalf of the Executive Committee has submitted that there was no intention to show any disrespect to the Chairman of the Tribunal or follow the path of confrontation. Mr. B.S. Nagar has further submitted that the Executive wishes to seek an appointment with the Chairman and explain their point of view and clear any misunderstandings which may have crept up. Mr. B.S. Nagar also submits that an appointment will be sought from the Chairman in the W.P.(C)7I66/20JS, 7168/2015& 7294/2015 Page 3 of5 next two days. We hope that the learned Chairman will give an audience to the office bearers, as the President, on behalf of the ExecutiveCommittee,has assuredus that the misunderstandingwould be resolved and, in case any action of the Committee has hurt the feeling of the Chairman, remedial action will be taken. List on 01.09.2015. Dastiunderthe signatureofCourtMastertothe parties."

¶3Mr. B.S. Nagar, President, Dr. ChaudhatyShamsuddinKhan, Secretary ^ and Mr. U.N.Singh, MemberExecutiveofDebts RecoveryTribunalBar Association(DRTBA)arepresent. r

¶4Pursuant to the aforesaid order, we have taken up the matter in the Chambertoday to this Court. We have also perusedthe Minutesof the Meeting forwarded by the Chairman. Mr. Nagar, on behalf of all the Members of the Committee submits that as is evident from the Minutes of the Meeting, the Committee Members had met the Chairman and expressed their regret for the incident which had taken place. They reiteratethat any incident which may have taken place was only in the heat of moment and they never had nor do they have any intention of hurting or showing any disrespect to the Chairman or with regard to doubting his capacity as Chairmanof the Tribunal and, thus, the apology, so tendered, should be accepted. Mr. Nagar also submits that any complaint made to the Finance Minister shall be withdrawn and also any communication addressed to any journalist would also be withdrawn within one week from today and due compliance will be filed in this Court and they would also get an appropriate item published in the newspaper to clarify this aspect. The Committeehas also expressedregret on the use of words "incapable and misbehaviour". Mr.Nagar also agreed }V.P.(C)7166/2015, 7I68/20I5& 7294/2015 Page4 of5 T J #- I -J

¶5that they will write to the FinanceMinistryand to the Press and annex copiesofboththe ordersdated 17.8.2015and the orderpassedtoday. We have heard the learnedcounsel for the parties. We have noticedthe events which led to the dismissalof the appeals filed by the petitioners beforethe DebtsRecoveryAppellateTribunal. We may noticethatall the appealswere dismissedasthecounselsdid not appearon accountof a call given by the Bar Association for abstinence of work. We have noted that the office bearershave met the Chairmanand tenderedtheir unqualified apolo'gy which has been reiterated before us as well.

¶6Accordingly,to meet theends ofjusticeand to puta quietusto the matter and in view of the subsequent conduct of the Committee,the order dated

09.07.2015passedby the Debts RecoveryAppellateTribunalis set aside. The mattersare remandedback beforethe DRAT for hearingthe matters A on merit on 15.09.2015.

¶7Thewritpetitionsare disposedof accordingly. CM.APPL 13137/2015fstav1 CM.APPL 13140/2015fstav'> CM.APPL B339/20l5fstav1

¶8In view of the present writ petitions having been disposed of, the applicationsalso standdisposedof accordingly. G.S.SISTANI, J SANGIT SEPTEMBER 01,2015pst SEHGAL,J W.P.(C) 7166/2015, 7168/2015 & 7294/2015 Page 5 of5