SBI V/S M/s.Open 2 all systems (Bangalore) Pvt. ltd & ors

M.A:147/2009

R1 to R9 are already called absent.

Ld. Counsel Shri Sunder appearing on behalf of the appellant bank stated that a reading of  the order of the Ld.  Presiding Officer, DRT, Bangalore reveals that the same is not based on any material but based on the Ld.  Presiding officer’s conjectures.  

 Ld.  Counsel drew the attention of this Tribunal to paragraph 4 of the order under appeal and stated that the Ld.  Presiding Officer has come to the conclusion found therein based on his own assumptions and presumptions that the bank is intending to prolong the litigation and that the order under appeal is perverse and further that it is liable to be set aside as the same is not passed on the basis of any material. 

 Ld.  Counsel further stated that the Ld.  Presiding Officer has neither gone through the averments made in the petition nor gone through the averments made by the respondents in their counter before the Tribunal below and that he has proceeded to pass orders on his own assumptions. 

 Ld.  Counsel also drew the attention of this Tribunal to the imposition of cost of Rs.50,000/- and stated that no circumstances warranted  imposing of such a condition and that the imposition of cost of Rs.50,000/-  is absolutely uncalled for in this case. 

He added that the State Bank of India being a premier bank in the country has only sought to enforce its rights to protect the economy of the nation. 


Ld. Counsel stated that the order as seen in paragraph 4 of the order under appeal is liable to be set aside and that the reasons set out therein for the dismissal of the petition are unjustifiable.   

Ld.  Counsel prayed that the Ld.  Presiding officer, DRT, Bangalore may be directed to go through the averments made in the petition and the counter and give a proper hearing to both the parties and thereafter proceed to pass orders.

Heard the Ld. Counsel.

In view of the facts and circumstances of the case more particularly in view of the fact that the Ld. Presiding officer has neither gone through the averments made in the petition nor the averments made in the counter of the respondents for the purpose of adjudication this Tribunal is compelled to remit the matter to the Tribunal below to be disposed of in accordance with law. 

 Accordingly the following order is passed.

“The order of the Ld.  Presiding officer, DRT,Bangalore dt 6.8.2009 passed in IA 2680/08 in OA 408//08 is hereby set aside.  Further the order of imposition of cost of Rs.50,000/- is also set aside. The Ld.  Presiding officer, DRT, Bangalore is requested to take up IA No.2680/08 in OA No.408/08 for disposal and dispose of the same in accordance with law within a period of one month from the date of the receipt of a copy of this order”

This MA is disposed of accordingly.

IA 1281/09 (stay);  MA is disposed of today. Hence this is closed.

 THE HON'BLE CHAIRPERSON OF DRAT CHENNAI PASSED THIS ORDER ON 21/12/2011