KISHORI LAL DHINGRA vs INDIAN OVERSEAS BANK on 27 October 2026

1. The present appeal is filed to challenge the order dated 26.02.2026 passed by the DRT-III, Delhi in T.A. No. 259/2022 titled as **Indian Overseas Bank v Kishori Lal Dhingra & others** whereby I.A. bearing No. 755/2025 filed by the appellant being the defendant no.12 in the O.A. for rejection of the claim against him was dismissed.

2. Sh. Sanjeev Bhandari, Senior Advocate for appellant stated that Ramji Lal Sharma who was impleaded as defendant no.8 in the OA also filed Misc. Appeal bearing No. 45/2026 before this Tribunal which was ordered to be dismissed vide order dated 04.06.2026. Thereafter, Ramji Lal Sharma has filed Writ Petition bearing W.P. (C) No.15233/2026 before the High Court of Delhi to impugn the order dated 04.06.2026 and the High Court of Delhi vide order dated 13.10.2026 has given liberty to Ramji Lal Sharma being the defendant no.8 in OA for making a request to DRT to treat the issue regarding the maintainability of the OA against him as preliminary issue and if so request is made then the DRT was directed to look the documents which had been produced by the petitioner namely Ramji Lal Sharma. The liberty was granted to Ramji Lal Sharma to file appropriate application before DRT for treated his contention as preliminary issue. The relevant portion of the order dated 13.10.2026 passed by the High Court of Delhi is reproduced as under:

3. The only apprehension which has been stated by the learned Senior Counsel for the petitioner is that, in case the DRT decides against the petitioner then he would have to go through the rigors mandatory pre-deposit s required under law, to challenge the said Order.

4. He, therefore, states that he would make a request to the DRT to treat his issue as a preliminary issue so, that the DRT can look at the documents that has been produced by the petitioner to see whether he has executed any document by which any kind of liability has been accepted by the petitioner qua the bank.

5. Liberty as prayed for is granted to the petitioner to file an appropriate application before the DRT, to treat this issue as a preliminary issue as it is the contention of the petitioner that no evidence is required to be led for adjudicating upon this issue. The learned DRAT is requested to consider the application on its own merits.

6. Accordingly, the present writ petitioner along with pending application, if any, is disposed of in terms of the aforesaid direction.

3. Sh. Sanjeev Bhandari, Senior Advocate for the appellant taking the benefit of the order dated 13.10.2026 stated that the present appeal be considered in view of said order passed by the Delhi High Court.

4. Issue notice to the respondents no.1 to 6. Sh. Ronnie S. Brara, Counsel accepts the notice on behalf of respondents no 1 to 6 and stated that he is also representing respondents no.1 to 6 before DRT.

5. Heard the respective Counsels for the parties on appeal.

6. The appellant Kishori Lal Dhingra in view of the order dated 13.10.2026 passed in Writ Petition bearing W.P. (C) No. 15233/2026 by the High Court of Delhi as reproduced herein above is given liberty to file an appropriate application to treat his contention that he never executed any deed of guarantee or any security in favour of the Financial Institution, as preliminary issue and for said purpose the appellant shall file appropriate application which shall be adjudicated by the DRT in accordance with law. The present appeal stands disposed of along with pending application, if any.

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

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