IDBI BANK LTD vs GAURAV GOEL & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 06.02.2025 % Judgment delivered on: 19.02.2025 + LPA 536/2024 & CM APPL. 36696/2024 IDBI BANK LTD .....Appellant Through: Mr. V. P. Singh, Adv. with Ms. Dacchita Shahi, Mr. Akshat Singh, Mr. Bhanu Gupta, Mr. Utkarsh Kandpal and Mr. Adeem Ahmed, Advs. Versus GAURAV GOEL & ORS. .....Respondents Through: Mr. Pulkit Prakash, Adv. with Ms.Nidhi Vardhan, Ms. Shakshi Goyal and Mr. Kanishk Arora, Advs. for R-1 to R-4. Mr. Ramesh Babu, Adv. with Ms.Manisha Singh, Ms. Tanya Chowdhary, Ms. Jagriti Bharti and Mr. Rohan Srivastava, Advs. for RBI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 1. By instituting the proceedings of this intra-court appeal, the appellant/ IDBI Bank Limited (hereinafter referred to as ‘IDBI Bank’) seeks to challenge partially the judgment and order dated 22.05.2024 passed by the learned Single Judge in W.P.(C) No. 3733/2024 to the extent it directs that petitioners (respondents herein) will be at liberty to make request for personal hearing to the IDBI Bank, which shall be considered accordingly. LPA 536/2024 Page 1 of 11 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:19.02.2025 14:29:38 2. Impeaching the impugned direction given by the learned Single Judge vide judgment and order dated 22.05.2024, it has been argued by learned counsel appearing for the IDBI Bank that the said direction is based on misreading of the judgment of the Hon’ble Supreme Court in State Bank of India and others v. Rajesh Agarwal and Others, (2023) 6 SCC 1 (hereinafter referred to as ‘Rajesh Agarwal’) inasmuch as, that in the said judgment what all has been provided by the Hon’ble Supreme Court is that an opportunity of hearing to