BHARAT PETROLEUM CORPORATION LTD. vs SYNDICATE BANK & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 14.05.2025 Judgment pronounced on: 04.06.2025 + W.P.(C) 2105/2017 BHARAT PETROLEUM CORPORATION LTD. .....Petitioner Through: Mr. A. P. Verma and Mr. Sanjay Verma, Advocates and Mr. Shekhar Gupta, Law Officer, BPCL. versus SYNDICATE BANK & ORS. .....Respondents Through: Mr. S. V. Tyagi, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition challenges the Judgement dated 26.08.20151, passed by the learned Debts Recovery Appellate Tribunal2 dismissing the Appeal against the Judgement dated 10.01.2014 of the learned Debts Recovery Tribunal-III3 and affirming that the goods hypothecated with Respondent No. 1-Bank were those for 1 Impugned Order 2 DRAT 3 DRT W.P.(C) 2105/2017 Page 1 of 10 which Respondent No. 1-Bank had a lien and, resultantly having first charge of the same, were entitled to the said goods. The Petitioner, by way of the present petition, seeks the following reliefs: “i) issue a writ in the nature of certiorari or any other appropriate writ/order/directions/relief and setting aside/quashing the impugned Order/Judgment dated 26.08.2015 passed by the Hon'ble Mr. Justice Ranjit Singh, Learned Chairman, DRAT, Delhi, in Appeal No. 234/2015 titled as "M/s Bharat Petroleum Corporation Ltd. Vs. Syndicate Bank & Ors.; and ii) any other or further order/relief(s), which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, may also be passed favour of the petitioners and against the respondents.” 2. The learned DRAT, while affirming the Order dated 10.01.2014 of the learned DRT, Delhi, has held the following: “The sole submission made before me in suppo