MS ARUNA SANGHI vs IFCI VENTURE CAPITAL FUNDS LTD. on 22 October 2026

1. The respondent no. 1 filed O.A. now bearing T.A. No. 921/2023 titled as **IFCI Venture Capital Funds Limited V Smt. Aruna Sanghi & others**. The appellant being the defendant no. 1 filed an I.A. bearing No. 3451/2024 for seeking appropriate directions to the respondent no.1 which was the original application applicant to file a specific affidavit for deposing about the abandonment of alleged claim which is the subject matter of the original application and its decision not to pursue and prosecute the original application any further or appear before the DRT personally to apprise the said aspect. The DRT vide order dated 21.05.2026 dismissed the I.A. bearing No. 3451/2024, the operative part of the impugned order dated 21.05.2025 is reproduced as under:

6. The main contention of Ld. counsel of defendant is that the applicant bank has abandoned the claim against the defendants and therefore, the applicant or the authorised officer of the bank may be directed to file specific affidavit deposing therein about the abandonments of the alleged claim. On the other hand the Ld. counsel of the applicant bank has submitted that the bank has not abandoned any claim against the defendants. As the applicant bank is claiming that the bank has not abandoned any claim against defendants, therefore, there is no need to direct the bank to file any affidavit in this regard. Whether the claim has been abandoned as per claim of the defendants that in the 27^th annual report corresponding to the financial year 2014-15 the applicant has categorically declared that only six claims are pending that does not exist five years. Therefore, it will be deemed that the present claim has been abandoned by the bank. This aspect can be decided on the basis of the evidence filed by both the parties at the time of final disposal of the case. Therefore, it appears that the application has been moved only with intention to delay the proceedings of the case. In such circumstances, the present IA is liable to be dismissed.

1. 2. The specific question is asked from the Counsel for the respondent no. 1 whether the affidavit in terms of I.A. bearing No. 3451/2024 can be filed. Sh. Noel Cherobin, Counsel for the respondent no. 1 in response to this query stated that the said affidavit in terms of I.A. bearing no. 3451/2024 can be filed and that there is no objection on behalf of respondent no. 1 in filing the said affidavit.

2. 3. Accordingly the respondent no. 1 is directed to file the necessary affidavit in terms of I.A. bearing No. 3451/2024 before the DRT-II, Delhi, where O.A. bearing T.A. No. 921/2023 is pending for consideration within four weeks from today with an advance copy thereof to the Counsel for the appellant. It is made clear that the rights and contentions of the parties including those arising out of I.A. bearing no. 3451/2024 shall remain open to be taken by the contesting parties during the trial of O.A. bearing T.A. No. 921/2023.

3. 4. The Counsel for respondent no. 1 also stated that the O.A. has been pending since 2005 hence prayed that necessary directions be issued to the DRT for expeditious disposal of the said O.A. It is expected that the DRT shall decide the O.A./T.A. as early as possible, and without any unnecessary delay. Accordingly, the present appeal stands disposed of along with pending applications, if any.

sd- ----- **(Dr. Justice Sudhir Kumar Jain)** **Chairperson**

-P\$