HDFC BANK LIMITED Vs. FAIM KHAN AND ORS.

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) It is the submission of Mr. Punit K. Bhalla, learned counsel for the petitioner that the Tribunal has erred in holding that it has no territorial jurisdiction on the ground that the documents were executed in NOIDA and the loan was disbursed from NOIDA Branch. He has drawn our attention to page 79 onwards to show the stamp of the Bank is of Express Building, ITO, Bahadur Shah Zafar Marg, New Delhi, the place from which the loan was disbursed. He has also shown to us Para 3 of the OA relating to the jurisdiction of the Tribunal wherein it is specifically stated that the loan facilities were granted to the respondents from the Retail Asset Operation Branch of Bank at Bahadur Shah Zafar Margh, ITO, New Delhi. We reproduced the same as under:

(3.) He relied upon the judgment of this court in the case of ICICI Bank Ltd. Vs. Manjeet Kumar Singh, W.P.(C) 11477/2018 decided on 26th Oct., 2018, wherein on a similar issue, we had allowed the writ petition reminding the Tribunal that similar writ petitions are being filed challenging the orders of different DRTs which have been passed without taking into consideration the facts pleaded in the Original Applications.