ICICI BANK LTD. Vs. SHISHUPAL SINGH

JUDGEMENT

(1.) - The present petition has been filed by the petitioner ICICI Bank Ltd. challenging the order dated 14th March, 2018 passed by the Debt Recovery Tribunal-III, New Delhi holding the Original Application being 512/2017 not maintainable on the ground of territorial jurisdiction and directed the Registrar of the Tribunal to return the plaint of the petitioner bank along with certificate of court fee for filing the same before the appropriate Tribunal.

(2.) It is the submission of Mr. Puneet K. Bhalla, learned counsel appearing for the petitioner Bank that the Tribunal has erred in not appreciating the position of law in terms of section 19 of the Recovery of Debts and Bankruptcy Act, 1993 that the petitioner can file an Original Application where a part of cause of action has arisen. According to him, the agreement with the respondent was executed in Delhi as is clear from pages 36, 37, 40, 43, 45, 47 and 48 of the paper book. The finding of the Tribunal that the loan documents were not signed at the branch office of the applicant Bank at Jhandewalan, New Delhi is perverse. In this regard, he has referred to Page 55 of the paper book, which stipulates bank's address as VT, which signifies Videocon Tower. Even otherwise, according to him, the Memo of Parties clearly depicts the petitioner Bank's address at Videocon Tower, Jhandewalan Extension, New Delhi.

(3.) We note notice on the petition has been issued to the respondent. Mr. Bhalla has also filed an affidavit of service, wherein the following has been stated: