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Ms Tulip Data Services Pvt Ltd & Anr vs Edelweiss Asset Reconstruction ... on 9 November, 2021

Author: Amit Bansal

Bench: Amit Bansal

                          $~21
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 984/2021
                                 MS TULIP DATA SERVICES PVT LTD & ANR. ..... Petitioners
                                                    Through:       Mr. Sanjeev Bhandari, Advocate.

                                                    versus

                                 EDELWEISS ASSET RECONSTRUCTION
                                 COMPANY LTD AND ANR                   ..... Respondents
                                              Through: Mr. Manish Aggarwal, Advocate.

                               CORAM:
                               HON'BLE MR. JUSTICE AMIT BANSAL
                                          ORDER

                          %               09.11.2021
                          [VIA VIDEO CONFERENCING]
                          CM No. 39434/2021 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 984/2021

3. The present petition has been filed seeking transfer of the Securitisation Application (SA) filed by the petitioner and pending before the Debt Recovery Tribunal (DRT)-02, Delhi to any other Debt Recovery Tribunal on account of non-functioning of the DRT-2, Delhi.

4. Even though the petition has been filed invoking powers of the Court under Article 226 of the Constitution of India, in the cause title it has been marked as 'CM(M)'. At the outset, counsel for the petitioner submits that the present petition has been wrongly marked as 'CM(M)' and should in fact be titled as a Writ Petition under Article 226 of the Constitution of India.

Accordingly, he submits the petition should be renumbered as a Writ Petition and placed before the appropriate roster Bench.

5. The counsel appearing on advance notice for the respondent has no objection to the same. Accordingly, registry is directed to mark and number the present petition as a Writ Petition under Article 226 of the Constitution.

6. Subject to the orders of Hon'ble the Chief Justice, the petition be listed before appropriate roster Bench on 10th November, 2021.

AMIT BANSAL, J NOVEMBER 9, 2021 Sakshi R. Signature Not Verified Signed By:ARUNA KANWAR CM(M) 984/2021 Page 2 of 2 Signing Date:09.11.2021 14:17:14