PUNJAB NATIONAL BANK Vs. MITHILANCHAL INDUSTRIES PVT LTD

JUDGEMENT

(1.) We would like to begin by the saying that the biggest problem that confronts the judiciary today is, pendency of cases. The present matter before us, certainly adds to the problem and is a classic example of how such cases contribute to the judicial system getting over-burdened. What could have been done 3 years ago by issuance of a fresh notice by merely adding a few words to satisfy the requirement laid down by law, has been delayed unnecessarily and contested in a manner that has left us bewildered. This mindset of Governmental agencies/ undertakings such as the appellant bank, a nationalised Bank before us, to engage in such frivolous, vexatious and impractical litigation demonstrates the gross indifference of the administration towards litigative diligence.

(2.) The present litigation initiated by the appellant Bank, right from the inception has resulted only in loss of the time of the various judicial forums that have been approached by the appellant Bank and is also a drain on the public exchequer. What perplexes us most, is that in such financial matters, the objective is quick recovery and lowering the possibility of losses. However, by engaging in the present litigation, the attitude adopted by the appellant Bank and its officers has borne results that are against the interests of the Bank and a matter that could have been laid to rest by rational thinking has been unnecessarily dragged for 3 years. When such litigation reaches our doorsteps, we feel exasperated by the inaction or rather the wrongful action and by the policy of blindly engaging in litigation before various judicial forums as entities such as the appellant Bank before us are expected to exercise finer sense and sensibility in their litigation policy, as compared to an individual litigant.

(3.) The Punjab National Bank (hereinafter referred to as 'the Secured Creditor') has preferred these two Letters Patent Appeals under Clause 15 of the Letters Patent assailing the correctness of the judgment and order dated 14.11.2019 passed by the learned Single Judge in two connected Special Civil Application Nos.19918 of 2019 and 19920 of 2019 whereby the learned Single Judge dismissed both the writ petitions by a common judgment.