IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11618 OF 2019

1) M/s Kumandas Visanji & Co.

A Partnership firm having its place of business at 274, Navi Peth, Jalgaon.

2) Shri Hansraj Kumandas Ved Age 66 years, Occ. Business, R/o. Visanji Nagar, Navi Peth Tq. & Dist. Jalgaon.

3) Narendra Kumandas Ved (since deceased).

4) Gopaldas Kumandas Ved (since deceased)

5) Haridas Kumandas Ved, Age 82 years, Occ. Business, R/o. 274, Navi Peth, Jalgaon. 6) Ranjeet Kumandas Ved, Age 59 years, Occ. Business, R/o. Visanji Nagar, Navi Peth, Jalgaon. … Petitioners ( Orig. Certificate Debtors)

VERSUS

1) Punjab National Bank, Corporate established & constituted Under the Banking Companies (Acquisition and Transfer of undertakings)

Act, 1970, having its head office at Bhikaji Kama Place, New Delhi and one of its branch at Jalgaon, through its Manager, Shri. Sunil Digambar Sonawane … (Certificate holder)

2) Satyanarayan R. Maniyar, Age Major, Occ. Business, R/o. Manisha Colony Ganpati Nagar, Jalgaon.

3) Subhash S. Lodha, Age Major, Occ. Business, R/o. Wagh Chamber, Navi Peth, Jalgaon, Tq. & Dist. Jalgaon. … (Purchasers)

Respondents.

…

Advocate for the Petitioners : Mr. A.G. Talhar.

Advocate for the Respondent No. 1 : Mr. S.V. Adwant.

Advocate for Respondent Nos. 2 & 3 : Mr. Rajendrraa Deshmukkh, Senior Advocate, a/w S.R. Vakil …

WRIT PETITION NO. 11619 OF 2019

1) M/s Kumandas Visanji 74, Navi Peth, Jalgaon, Through its Proprietor Shri. Hiren Haridas Ved, Age 48 years, Occ. Business, R/o. Visanji Nagar, Navi Peth, Jalgaon.

2) Shri. Hansraj Kumandas Ved, Age 66 years, Occ. Business, R/o. 274, Navi Peth, Jalgaon, Tq. & Dist. Jalgaon. … Petitioners ( Orig. Certificate Debtors)

VERSUS

1) Punjab National Bank, Corporate established & constituted Under the Banking Companies (Acquisition and Transfer of undertakings)

Act, 1970, having its head office at Bhikaji Kama Place, New Delhi and one of its branch at Jalgaon, through its Manager, Shri. Sunil Digambar Sonawane … (Certificate holder)

2) Satyanarayan R. Maniyar, Age Major, Occ. Business, R/o. Manisha Colony Ganpati Nagar, Jalgaon.

3) Subhash S. Lodha, Age Major, Occ. Business, R/o. Wagh Chamber, Navi Peth, Jalgaon, Tq. & Dist. Jalgaon. … (Purchasers)

Respondents.

…

Advocate for the Petitioners : Mr. A.G. Talhar.

Advocate for the Respondent No. 1 : Mr. S.V. Adwant.

Advocate for Respondent Nos. 2 & 3 : Mr. Rajendrraa Deshmukkh, Senior Advocate, a/w S.R. Vakil CORAM : MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

DATE : 12.08.2022.

JUDGMENT : (PER : MANGESH S. PATIL, J.)

Since both these petitions arise out of a common order passed by the Chairperson of the Debts Recovery Appellate Tribunal (hereinafter ‘DRAT’) but in two separate appeals No. 14/2018 and 15/2018, to avoid rigmarole we are disposing of both these writ petitions by this common judgment.

2. Heard. Rule in both the petitions. Rules are made returnable forthwith. Learned advocate Mr. Adwant waives service for respondent No. 1 and Mr. Deshmukkh, Senior Advocate waives service for respondent Nos. 2 and 3.

3. The questions that call for determination in these petitions are;

(i) Whether compliance with Section 30A of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter 'the RDB Act’) is mandatory ? and (ii) Whether any amount deposited with the recovery officer under RDB Act can be set off against the deposit to be made under Section 30A ?

4. The dispute arises from following set of facts which are common in both the petitions :

(a) The respondent No. 1 Bank insituted recovery proceedings against the petitioners under the provisions of the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 (hereinafter ‘Act of 1993’). The petitioner No. 1 in Writ Petition No. 11618/2019 is a partnership firm of which the rest of the petitioners are partners and guarantors whereas in Writ Petition No. 11619/2019 the petitioner is a propriety concern of which the son of the petitioner No. 5 in the first petition is the propritor and the petitioner No.